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HENRY H. CROSS CO. v. UNITED STATES

No. 8076.

133 F.2d 183 (1943)

HENRY H. CROSS CO. v. UNITED STATES et al.

Circuit Court of Appeals, Seventh Circuit.

February 3, 1943.

Attorney(s) appearing for the Case

Roger D. Doten, George M. Weichelt, Louis L. Dent, and John P. Hampton, all of Chicago, Ill., for appellant.

Francis M. Shea, Asst. Atty. Gen., of Washington, D. C., for appellee United States.

Vernon W. Foster, Charles A. Helsell, and Joseph H. Wright, all of Chicago, Ill., for intervener-appellee.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

MAJOR, Circuit Judge.

This suit was instituted against the United States, to recover an unpaid balance of $2,546.70, alleged to be due for fuel oil sold to the government for use at the Veterans Hospital at Hines, Illinois. In reality, the balance is the amount which plaintiff alleges was improperly deducted by the government, as freight charges, from the contract price of fuel oil furnished by plaintiff and shipped from Robinson, Illinois via the Illinois Central...

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