United States v. Great Northern Railway Co.

DONOVAN, District Judge.

This matter comes before the Court on motions by both parties for summary judgment. Jurisdiction is based on 15 U.S.C.A. § 714b(c).

Plaintiff is suing for a refund of a certain portion of a freight charge on several carloads of grain shipped from various parts of Minnesota consigned to Minneapolis and then reconsigned to Duluth. These shipments were made from May 20, 1953 to October 27, 1955. Defendant carried the grain and charged a rate based upon the distance from origin to destination by way of Minneapolis. Plaintiff contends that the applicable rate would be the…