Southern Pacific Co. v. United States

GOODRICH, Circuit Judge.

This litigation represents an attempt on the part of the Southern Pacific Railroad to collect some unpaid freight charges from the United States. Suit is brought.under the Tucker Act. 1 Plaintiff won in the District Court and the government here seeks to persuade us that the decision is wrong. There is no controversy as to what happened. The disagreement comes as to the legal consequences of the stipulated facts.

In 1946 Army authorities declared obsolete a group of truck trailers known as ^Athey-Wagons” which were located at the Army’s Mount Rainier Ordnance Depot.…