UNITED STATES V. WESTERN PACIFIC R.R.
352 U.S. 59 (1956)
NATURE OF THE CASE: This was a dispute over a railroad charge. Railroads (Ps) sued to
recover the difference between the tariff rates actually paid and those allegedly due on
certain Army shipments of steel aerial bomb cases filled with napalm gel, but without the
bursters and fuses required to ignite them.
FACTS: The Government shipped napalm bombs by Western Pacific R.R. (P). Western charged
them the rate for incendiary bombs. The Government refused to pay the higher rate because
the bombs contained no burster charge or fuse and they could not explode. Hence, they
contended that the lower rate for gasoline in steel drums should apply. Western (P) sued in
the Court of Claims. It held that the high tariff should apply and rejected that the ICC
should pass on whether the tariff was reasonable.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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