Southern Pac. Co. v. Reconstruction Finance Corp.

The appellant sued the Defense Supplies Corporation, hereinafter referred to as Supplies, for $23,049.51, which is the difference between transportation charges of $56,736.14, based on the duly published and filed rates, and the sum of $33,686.63 paid by Supplies for the transportation of tank car shipments of motor benzol during 1942 and 1943, from Seattle, Washington, to Los Angeles and Vernon, California.

Prior to July 1, 1945, Supplies was a corporation duly created by the appellee at the request of the Federal Loan Administrator with the approval of the President, pursuant to authority contained in § 5d of the Reconstruction Finance Corporation Act, as amended, 15 U.S.C.A. § 606b (3).

As of July 1, 1945, Supplies was dissolved and the appellee was made subject to all its liabilities. Act June 30, 1945, 59 Stat. 310 , 15 U.S.C.A. § 606b note. On November 5, 1945, the court below entered an order continuing this action against the appellee, substituting it as defendant in the place of Supplies.

The facts were stipulated. From a judgment in favor of the appellee, the present appeal has been taken. 64 F.Supp. 605 .

In its answer, Supplies denied liability for the sum of…