Burlington Northern Inc. v. United States

Plaintiff in this "case sues to recover $1',422.94 which defendant withheld froih funds otherwise due plaintiff. Defendant deducted the amount as a charge for plaintiff’s unauthorized usé of defendant’s flatcar. For the reasons stated 'below, we hold thát'défendant is entitled‘to 'compensation for this use. However, since ’the 'patties’ disagree’ as,‘to the amount of the damages that defendant has sustainéd, we refer the case to a trial commissioner for fact findings in accordance with this opinion. . .

The undisputed facts are that on July 2i, Í966', the Naval Supply Depot tendered to…