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ARCHIBALD McNEIL & SONS v. UNITED STATES

Nos. 3779, 3780.

27 F.2d 212 (1928)

ARCHIBALD McNEIL & SONS v. UNITED STATES (two cases).

Circuit Court of Appeals, Third Circuit.

July 6, 1928.

Attorney(s) appearing for the Case

George Demming, of Philadelphia, Pa., for plaintiff in error.

George W. Coles, U. S. Atty., and Mark Thatcher, Asst. U. S. Atty., both of Philadelphia, Pa., and W. S. Ward, of Washington, D. C., for the United States.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below, McNeil & Sons brought suit against the United States to recover the value of cars of coal commandeered or taken, as is alleged, by the latter, and never paid for. The sequence of acts by the parties to this suit was as follows: McNeil & Sons, who were under contract to deliver certain coal they had sold to the Netherlands and Swedish government, shipped the carloads here involved at various times between October...

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