Martin Marietta Corp. v. United States

I

Facts

Plaintiff Martin Marietta Corporation (or its predecessor Southern Cement Co.) has since 1962 operated a cement plant in Magnolia, Georgia, within the corporate limits of the city of Atlanta. The plant is unusual in that its raw materials — limestone and marble quarried into untrimmed boulders, which plaintiff terms “cement stone” — are shipped to the plant from some distance away, primarily from Rome and Tate, both in Georgia. The rates applicable to the rail shipment of this stone were negotiated between the railroads and the cement manufacturer prior to 1964; they were set at 750 per…