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POWELL v. UNITED STATES

No. 4597.

112 F.2d 764 (1940)

POWELL et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 10, 1940.

Attorney(s) appearing for the Case

Murray Allen, of Raleigh, N. C., and Joseph F. Johnston, of Norfolk, Va., for appellants.

H. L. Maine, Sp. Asst. to U. S. Atty., of Wilmington, N. C. (James O. Carr, U. S. Atty., of Wilmington, N. C., John H. Manning, Asst. U. S. Atty., of Raleigh, N. C., and Charles F. Rouse, Asst. U. S. Atty., of Kinston, N. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

Appellants, in their capacity as receivers of the Seaboard Air Line Railway Company, were indicted in the court below, along with the Atlantic and North Carolina Railroad Company and the receivers of the Norfolk Southern Railroad Company, for violation of section 1 of the Elkins Act, 49 U.S.C.A. § 41, in failing to observe their published tariffs in connection with a shipment of scrap iron for export from Goldsboro, N. C. to Wilmington...

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