Chicago, Burlington & Quincy Railroad Company v. The United States

ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT

COWEN, Chief Judge:

This transportation case comes before the court on plaintiff’s motion for partial summary judgment and defendant’s cross-motion for summary judgment. Plaintiff seeks to recover $405 which it alleges to be the amount of demurrage charges due to it for the period from November 1966 through June 1967, in accordance with its published tariffs filed with the Interstate Commerce Commission.

I

The pertinent facts are not in dispute. Plaintiff, an Illinois corporation, is a common…