This section contains the nature of the case and procedural background.

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.

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