Chicago & North Western Railway Co. v. United States

This case turns on whether the defendant was entitled to reduced railway rates on certain shipments of coal, sulphur, lime, and gasoline during the war period. The defendant paid the reduced rates claiming the shipments were “military or naval property of the United States moving for military or naval and not for civil use” by virtue of Section 321 (a) of the Transportation Act of 1940.1

*815Plaintiff claims the regular commercial rates should have been paid and it sues for the difference.

The details are set out in the findings of fact.

Plaintiff now concedes that in the light of the decision in…