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Western Pacific R. Co. v. United States, 268 U.S. 271 (1925)

Western Pacific Railroad Company v. United States

No. 287

Argued November 19, 20, 1924

Decided May 11, 1925

268 U.S. 271


1. Where transportation bills at land grant rates bore endorsements sufficiently notifying government officers that payment at those

Page 268 U. S. 272

rates to the railroad was not accepted in final settlement, the railroad was not barred by acquiescence from further claiming the difference between the amounts received and the lawful tariff fare. See So. Pacific Co. v. United States, ante, p. 268 U. S. 263. P. 268 U. S. 274.

2. Claims accruing more than six years before beginning the action in the Court of Claims are barred by Jud.Code § 16. P. 268 U. S. 275.

3. The provision of Rev.Stats. § 3477 that all transfers and assignments of any claim against the United States shall be absolutely null and void unless made after the allowance of such claims and the ascertainment of the amount due does not apply to a transfer of claims through a judicial sale under an order of court. St. Paul Railroad v. United States, 112 U. S. 733, distinguished. P. 268 U. S. 275.

59 Ct.Cls. 67 reversed.

Appeal from a judgment of the Court of Claims rejecting claims of a railroad for transporting passengers for the government.

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