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ATCHISON, T. & S.F. RY. CO. V. UNITED STATES, 256 U. S. 205 (1921)

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U.S. Supreme Court

Atchison, T. & S.F. Ry. Co. v. United States, 256 U.S. 205 (1921)

Atchison, Topeka & Santa Fe Railway Company v. United States

No. 25

Submitted March 22, 1921

Decided April 18, 1921

256 U.S. 205


1. In the absence of a previous arrangement with the carrier for reduced rates under § 22 of the Interstate Commerce Act, the United States, by requesting and accepting interstate railway transportation for officers and men of the Army, obligates itself to pay the rates applicable generally for like transportation, less any lawful land grant deduction. P. 256 U. S. 206.

2. Where the only through interstate tariff rate between two places is the individual rate, through transportation of a party should be charged at that rate, and cannot lawfully be charged less by combining a party rate applicable to a part of the distance only with the individual rate applicable to the remainder. P. 256 U. S. 206.

3. The through individual rate in such case held the "regular tariff rate," within the meaning of a contract between the carrier and the United States for the transportation of soldiers. P. 256 U. S. 207.

55 Ct. Clms. 528 reversed.

Appeal from a judgment of the Court of Claims rejecting the claim of a railroad company for balances due for transportation of soldiers for the United States. The facts are stated in the opinion.

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