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WHITE OAK COAL CO. v. UNITED STATES

No. 2488.

15 F.2d 474 (1926)

WHITE OAK COAL CO. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 19, 1926.

Attorney(s) appearing for the Case

A. C. Burnham, of Boston, Mass., and Robert S. Spilman, of Charleston, W. Va. (Charles W. Dillon and Dillon, Nuckolls & Mahan, all of Fayetteville, W. Va., Price, Smith & Spilman, of Charleston, W. Va., and Blodgett, Jones, Burnham & Bingham, of Boston, Mass., on the brief), for plaintiff in error.

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

Before WADDILL, ROSE, and PARKER, Circuit Judges.

PARKER, Circuit Judge.

This action was instituted, under section 10 of the Lever Act (Comp. St. § 3115 1/8ii), to recover the difference between the price paid and the alleged value of 210,631.375 tons of coal delivered to the United States. At the first trial plaintiff recovered judgment, but upon writ of error a new trial was granted for error in refusing to direct a verdict for defendant. United States v. White Oak Coal Co. (C. C. A.) 5 F.2d...

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