Legal Opinion

United States v. De Queen & Eastern Railroad

District Court, W.D. Arkansas

Decided November 18, 1958No. Civ. A. No. 702PublishedCited by 2 opinions

1Opinion of the Court

JOHN E. MILLER, Chief Judge.

This suit was filed by the United States of America on May 28, 1958, against' the defendant railroad to recover alleged overcharges on shipments by the Commodity Credit Corporation in 1952 and 1953. The United States asserts that it is the real party in interest and claims'' jurisdiction of this court under Title 15 U.S.C.A. § 714b (c).

On June 25, 1958, the defendant railroad filed its motion to dismiss or, in the alternative, motion for summary judgment on the ground that under Title 49 U.S.C.A. § 16(3) (c), this action is barred. At the time the cause of action…

2Cases cited25 opinions

  1. United States v. SummerlinSupreme Court of the United States · 1940
  2. Board of Comm'rs of Jackson Cty. v. United StatesSupreme Court of the United States · 1939
  3. United States v. CaliforniaSupreme Court of the United States · 1936
  4. Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
  5. E. I. Dupont De Nemours & Co. v. DavisSupreme Court of the United States · 1924

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3Cited by2 opinions

  1. United States v. Yale Transport Corp.District Court, S.D. New York · 1960
  2. United States v. De Queen and Eastern Railroad CompanyCourt of Appeals for the Eighth Circuit · 1959

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