Court of Claims, 1953

New York Central Railroad v. United States

Court of Claims · Decided February 3, 1953

124 Ct. Cl. 324; 1953 U.S. Ct. Cl. LEXIS 82

Counsel

Mr. Gerald E. Dwyer for plaintiff., Mr. S. R. Gamer, with whom was Mr. Assistant Attorney General Holmes Baldridge, for defendant. Messrs. Paris T. Houston and Ernest O. Baynard were on the briefs.

Opinion of the Court

Per Curiam :

The pleadings and the issue here presented are identical with those in Atchison, Topeka and Santa Fe Railway Company v. United States, 121 C. Cls. 467. For the reasons stated in that opinion plaintiff’s motions for summary judgment, to the extent that they ask for an adjudication that the jeeps involved in this action should be classified and rated as passenger motor vehicles, are granted.

Entry of judgment is suspended pending the filing of a report by the General Accounting Office and the disposition of the issues relating to the proper amount to be paid to plaintiff for the transportation services involved.

It is so ordered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.