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HIGHLAND MILK CONDENSING CO. v. UNITED STATES

No. E-588.

56 F.2d 682 (1932)

HIGHLAND MILK CONDENSING CO. v. UNITED STATES.

Court of Claims.

March 7, 1932.

Attorney(s) appearing for the Case

G. Mason Owlett, of Wellsboro, Pa. (Crichton & Owlett, of Wellsboro, Pa., on the brief), for plaintiff.

Percy M. Cox, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and WHALEY, WILLIAMS, GREEN, and LITTLETON, Judges.

LITTLETON, Judge.

A new trial was allowed in this case on motion of the plaintiff. The questions involved are the same as in Helvetia Milk Condensing Co., Inc., v. United States (Ct. Cl.) 56 F.2d 676, decided this date. The Federal Trade Commission in its original audit calculated an overpayment to plaintiff of $22,751.39. This calculation, however, was not in accordance with the agreement set forth in the findings. The facts on retrial...

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