United States v. Chesapeake and Ohio Railway Co.
| Decision Date | 14 July 1955 |
| Docket Number | No. 6998.,6998. |
| Citation | 224 F.2d 443 |
| Parties | UNITED STATES of America, Appellant, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Alan S. Rosenthal, Atty., Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., and Melvin Richter, Atty., Department of Justice, Washington, D. C., on brief), for appellant.
Meade T. Spicer, Jr., Richmond, Va. (Walter Leake, Richmond, Va., on brief), for appellee.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
This is another case, like United States v. Chesapeake & Ohio R. Co., 4 Cir., 215 F.2d 213, where the only question involved is whether the export or the domestic freight rate is properly applicable to a shipment where there was an intention to export at the point of origin but where this intention was abandoned when the shipment reached the port from which exportation was to be made, so that what started out as a shipment for export was converted by the shipper into a domestic shipment. The only difference between this and the former case is that here the goods, after being held at Newport News for more than three months, were shipped by rail to storage centers in Pennsylvania and New Jersey, and, after being held there for more than a year, were shipped across the continent to Wilmington, California, whence they were exported to Calcutta, India. It appears, here, just as clearly as in the former case, that the intention to export to China was abandoned and that the movement which began at Pontiac, Michigan, as an export was converted by the shipper into a domestic shipment. The case, we think, is clearly governed by our former decision and nothing need be added to what was there said.
Appellant insists that there is a difference with respect to its motion to stay proceedings and refer the case to the Interstate Commerce Commission, in that that motion was made in the court below in this case but not in the former one. It is clear, however, that the motion was properly denied. The question was not the reasonableness of rates, which everyone conceded to be reasonable, but which rate was applicable to the shipment under the circumstances of the case, a question which the court was competent to decide. There were before the court no such administrative questions as were involved in United States v. Kansas City Southern R. Co., 8...
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United States v. Chesapeake and Ohio Railway Co.
...the shipments were not exported but were reshipped to inland storage points. For early case background, see United States v. Chesapeake & Ohio Ry. Co., 4 Cir., 1955, 224 F.2d 443, and United States v. Chesapeake & Ohio Ry. Co., 4 Cir., 1954, 215 F.2d 213. The dispute involved the claim of t......
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PENNSYLVANIA RAILROAD COMPANY v. United States
...to the shipments in question. The situation seems to us to be in no way distinguishable from that in United States v. Chesapeake and Ohio Railway Co., 224 F.2d 443 (4th Cir. 1955), a closely analogous case. As the Court there viewed the issue (p. "The question was not the reasonableness of ......
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Gutelius v. United States, Civ. A. No. 436-69-N.
...pending action of the" agency, and plaintiff is "barred by limitations from asking such action." United States v. Chesapeake and Ohio Railway Co., 224 F.2d 443, 445 (4th Cir.1955). While the question has not yet been raised in the pleadings, there is grave doubt the complaint states a cause......
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United States v. Chesapeake Ohio Railway Company
...5 The District Court filed no written opinion. It rendered a short oral opinion which appears at pages 40—41 of the record. 6 224 F.2d 443, 444. 7 350 U.S. 953, 76 S.Ct. 8 The respondent's cause of action accrued no later than the summer of 1946, when the Government deducted the difference ......