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DOLLAR S. S. LINE v. UNITED STATES

No. 7145.

75 F.2d 444 (1935)

DOLLAR S. S. LINE v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 25, 1935.

Attorney(s) appearing for the Case

Hugh Montgomery and E. C. Kester, both of San Francisco, Cal., for appellant.

H. H. McPike, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal.

Before WILBUR and GARRECHT, Circuit Judges, and NORCROSS, District Judge.

NORCROSS, District Judge.

The Dollar Steamship Line brought an action under the "Tucker Act" (28 USCA § 41, cl. 20), against the United States to recover $5,043.81. The case was tried upon admitted and stipulated facts, and a judgment was rendered in favor of the United States. From the judgment, plaintiff appeals.

According to the undisputed facts, the Dollar Steamship Line transported the United States mail from ports in the United States (New York...

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