Baltimore & Ohio Railroad v. Lilly Paint Products, Inc.

— In 1948 appellee shipped over appellant’s road six carloads of pail paint from Indianapolis to Port Transportation Officer, San Francisco Port of Embarkation, Oakland, California. It appears that appellee sold the paint by written contract to the United States Government and that the paint was actually exported by steamship to Manila in the Philippine Islands and Naha, Okinawa. The appellant charged appellee an “export” freight rate of One Dollar and thirty-five cents ($1.35) per cwt., which was paid by appellee in the total sum of $6218.28.

Appellant, proceeding on the asserted ground of…