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NEW YORK & NEW BRUNSWICK AUTO EXP. CO. v. UNITED STATES

No. 519-23.

126 F.Supp. 215 (1954)

NEW YORK AND NEW BRUNSWICK AUTO EXPRESS COMPANY, Inc. v. The UNITED STATES.

United States Court of Claims.

November 30, 1954.

Attorney(s) appearing for the Case

Bryce Rea, Jr., Washington, D. C., for plaintiff. Edgar Watkins and Peter T. Beardsley, Washington, D. C., on the briefs.

Lawrence S. Smith, Washington, D. C., with whom was Asst. Atty. Gen. Warren E. Burger, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

PER CURIAM.

The plaintiff was the delivering carrier in the transportation, by truck, of wool cloth from Guild, New Hampshire, to Philadelphia, Pennsylvania, for the Department of the Army. The plaintiff collected freight charges of $1.28 per hundred pounds, the applicable class rate stipulated in the Middle Atlantic States Motor Carrier Conference Tariff No. 14-E, MF-I. C. C. No. A250. Thereafter the General Accounting Office demanded the repayment by the plaintiff...

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