Legal Opinion

Southern Pacific Co. v. United States

United States Court of Claims

Decided January 7, 1924No. B-93Published

1Opinion of the Court

*102MEMORANDUM BT THE COURT

The items as to which judgment is awarded were claimed at full commercial rates and the disallowance was protested when payment was made. It was a class of transportation for which plaintiff was entitled to full rates without land-grant deduction.

The items referred to in Finding V were included in a former action dismissed by the court and are res judicata. See section 179, Judicial Code.

As to the items referred to in Finding VII, see cases of Southern Pacific Co., No. 33946, and Western Pacific R. R. Co., this day decided, ante, pp. 36 and 67.

As to the items referred…

2Cases cited3 opinions

  1. Oregon—Washington Railroad & Navigation Co. v. United StatesSupreme Court of the United States · 1921
  2. Baltimore & Ohio Railroad v. United StatesUnited States Court of Claims · 1917
  3. Atchison v. United StatesUnited States Court of Claims · 1923

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