ALCOA STEAMSHIP CO. v. UNITED STATES

No. 257, Docket 21319.

175 F.2d 661 (1949)

ALCOA STEAMSHIP CO. v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided June 29, 1949.


Attorney(s) appearing for the Case

Wood, Molloy, France & Tully, New York City, and M. J. France, New York City, for appellee.

H. G. Morison, Asst. Atty. Gen., John F. X. McGohey, U. S. Atty., New York City, Leavenworth Colby, Edward L. Smith, Sp. Assts. Atty. Gen., and William H. Postner, for the United States.

Kirlin, Campbell, Hickox & Keating, New York City (L. De Grove Potter and Walter P. Hickey, New York City, of counsel) filed brief as amicus curiae.

Before L. HAND, Chief Judge, AUGUSTUS N. HAND and FRANK, Circuit Judges.


L. HAND, Chief Judge.

The question in the case is whether the United States overpaid the freight due to the petitioner, Alcoa Steamship Company, Inc., upon a cargo of lumber shipped upon the petitioner's ship, "Gunvor." The United States paid the agreed freight on the cargo in question, but later deducted the same amount from other freights, concededly due the petitioner upon other shipments; and it has sued to recover the deduction. The facts out of which the claim...

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