SCHREIBER v. UNITED STATES

No. 7855.

129 F.2d 836 (1942)

SCHREIBER et al. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 16, 1942.


Attorney(s) appearing for the Case

J. Albert Woll, U. S. Atty., and W. S. White, Jr., Asst. U. S. Atty., both of Chicago, Ill., and Martin Norr, of Washington, D. C. (Francis M. Shea, Asst. Atty. Gen., and Sidney J. Kaplan, Sp. Asst. to Atty. Gen., on the brief), for appellant.

Leonard D. Karcher, Geo. A. Chritton, and Charles J. Merriam, all of Chicago, Ill., for appellee.

Before SPARKS, KERNER, and MINTON, Circuit Judges.


SPARKS, Circuit Judge.

Appellees sued to recover a refund claimed to be due them for excess postage which they were required to pay for the mailing of certain items as first-class mail instead of at the third-class rate which they are now permitted to use and which they assert should have been permitted them all the time. The facts were stipulated, and the court, basing its findings on such stipulation, concluded that it...

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