United States v. Spokane, Portland & Seattle Railway Company

Plaintiff railway company brought thirteen actions against the United States to recover deductions made by the Government in paying the company’s transportation charges. The actions were consolidated for trial, and five were later dismissed. After a trial without a jury, a judgment and an amended judgment were entered for plaintiff in the amount of $30,997. The Government appeals.

The eight actions disposed of by these judgments involve the charges made by appellee rail carrier for certain transportation provided between 1942 and 1945. This transportation consisted of shipments of government-owned industrial equipment and supplies to Columbia river ports in Oregon for exportation to the Union of Soviet Socialist Republics.

The shipments were made on government bills of lading from eastern, mid-western, and western points in the United States, for account of the Procurement Division of the Treasury Department. That department had procured the materials and authorized their shipment under the provisions of the Lend-Lease Act. This was done pursuant to requisitions received from duly authorized officials of the Soviet Government Purchasing Commission in the United…