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UNITED STATES v. POWELL

No. 5406.

152 F.2d 228 (1945)

UNITED STATES v. POWELL et al.

Circuit Court of Appeals, Fourth Circuit.

December 13, 1945.

Attorney(s) appearing for the Case

Hubert H. Margolies, Atty., Department of Justice, of Washington, D. C. (John F. Sonnett, Asst. Atty. Gen., Harry H. Holt, U. S. Atty., of Hampton, Va., Walkley E. Johnson, Asst. U. S. Atty., of Belle Haven, Va., and Frederick Chait and Irvin M. Gottlieb, Attys., Department of Justice, both of Washington, D. C., on the brief), for appellant.

Thomas L. Preston, of Norfolk, Va. (W. R. C. Cocke and F. S. Sargeant, both of Norfolk, Va., on the brief), for appellees.

Before SOPER and DOBIE, Circuit Judges, and BARKSDALE, District Judge.

DOBIE, Circuit Judge.

This case involves only one question. Phosphates, owned by the United States (hereinafter called Government) were shipped over the Seaboard Air Line Railway (hereinafter called Seaboard), consigned to the British Ministry of War Transport under the Lend-Lease Act, for use as fertilizer by the farmers of Great Britain. Did these phosphates fall within the category "military or naval property of the United States moving for military or naval and...

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