
    MACON, DUBLIN & SAVANNAH RAILROAD COMPANY v. THE UNITED STATES
    [No. 42325.
    Decided April 2, 1934]
    
      
      Mr. Charles T. Abeles for the plaintiff. Messrs. W. B. C. Coche and James F. Wright were on the briefs.
    
      Mr. Lowis B. Mehlinger, with whom was Mr. Assistant Attorney General George C. Sweeney, for the defendant.
   MEMORANDUM BT THE COURT

This case was formerly heard upon the petition, and demurrer thereto, and an opinion was delivered June 5, 1933, 78 C.Cls. 251, which is by reference made a part of this Memorandum, overruling the demurrer. The case was thereafter tried and the facts now before the court are in all material respects the same as alleged in the petition. It follows that plaintiff is entitled to judgment.. It is so. ordered.  