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UNITED STATES v. NEW YORK, C. & ST. L. R. CO.

No. 5148.

32 F.2d 887 (1929)

UNITED STATES v. NEW YORK, C. & ST. L. R. CO.

Circuit Court of Appeals, Sixth Circuit.

May 11, 1929.

Attorney(s) appearing for the Case

I. V. McPherson, of Washington, D. C. (A. E. Bernsteen, Howell Leuck, and Chauncey G. Parker, all of Cleveland, Ohio, and Lisle A. Smith, of Newark, N. J., on the brief), for the United States.

W. T. Kinder, of Cleveland, Ohio (Tolles, Hogsett & Ginn, George D. Bonebrake, and W. F. West, all of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge.

Appellee sued the United States for an unpaid balance of $7,480 for railway mail service performed under designation of the Postmaster General. The government by answer admitted that this amount was due and owing appellee, but by way of set-off asserted claim against it for $2,433.69, alleged to be due the government for overcharges on shipments of fuel oil from Tulsa, Okl., to destination points in Ohio and Michigan. The court below denied...

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