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UNITED STATES v. WHITE OAK COAL CO.

No. 2240.

5 F.2d 439 (1925)

UNITED STATES v. WHITE OAK COAL CO.

Circuit Court of Appeals, Fourth Circuit.

April 14, 1925.

Attorney(s) appearing for the Case

B. J. Pettigrew, Asst. U. S. Atty., of Charleston, W. Va., and Howard W. Ameli, Sp. Asst. Atty. Gen. (Alfred A. Wheat, Sp. Asst. Atty. Gen., and Elliott Northcott, U. S. Atty., of Huntington, W. Va., on the brief), for the United States.

Charles W. Dillon, of Fayetteville, W. Va., and Robert S. Spilman, of Charleston, W. Va. (Dillon, Nuckolls & Mahan, of Fayetteville, W. Va., and Price, Smith & Spilman, of Charleston, W. Va., on the brief), for defendant in error.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

WOODS, Circuit Judge.

In this action to recover the difference between the price paid by the United States and the market price of 210,631.375 tons of coal, the plaintiff recovered judgment for $899,054.60. Error is assigned in the refusal to sustain a plea to the jurisdiction, in the refusal to direct a verdict for defendant, in the admission and rejection of evidence, and in the instructions. The controlling evidence is in...

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