[330 U.S. 248, 249] Mr. Lorenzo B. da Ponte, of St. Paul, Minn., for petitioner.
Mr. Robert L. Werner, of New York City, for respondent.
Mr. Justice DOUGLAS delivered the opinion of the Court.
This is a companion case to United States v. Powell, and United States v. Atlantic Coast Line R. Co., 330 U.S. 238 , 67 S.Ct. 742. This case, like those, involves the construction of the provision of 321(a) of the Transportation Act of 1940, 49 U.S.C.A. 65(a), which entitles 'military or naval property of the United States moving for military or naval and not for civil use' to land-grant rates. Petitioner was a land- grant road, 13 Stat. 365, 370, and for years carried government property at land-grant rates. 43 Stat. 477, 486, 10 U.S.C. 1375, 10 U.S.C.A. 1375. It qualified to receive the higher rates authorized by 321(a) of the Transportation Act of 1940 by the timely filing of the required release of land-grant claims pursuant to 321(b) of the Act.