Legal Opinion · Dissent

Great Northern Railway Co. v. United States

United States Court of Claims

Decided January 20, 1967No. 247-62Published

1DissentDureee, Judge

I respectfully dissent from the adoption per curiam of the Commissioner’s Opinion and Findings.

The commodity shipped was the projectile-less, propelling charge portion of a round of service ammunition for the 120 mm. (4.7 inch) M-l anti-aircraft gun. It consisted of 24 pounds of smokeless powder and a primer in an M-24 brass cartridge case. This propelling charge is one component of a complete round of ammunition which also includes the fuse, the primer, and the forged steel projectile containing from 4.8 to 5.42 pounds of high explosive. It was shipped separately from the projectile.

Plaintiff…

2Cases cited5 opinions

  1. Union Wire Rope Corporation v. Atchison, T. & SF Ry. Co.Court of Appeals for the Eighth Circuit · 1933
  2. Floe v. Cedergreen Frozen Pack Corp.Washington Supreme Court · 1951
  3. Pennsylvania Railroad v. United StatesUnited States Court of Claims · 1964
  4. De Ramus v. Mengel Co.District Court, W.D. Kentucky · 1947
  5. St. Louis-San Francisco Railway Company v. United StatesUnited States Court of Claims · 1960

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