UNITED STATES v. GARNER

Civil No. 657.

134 F.Supp. 16 (1955)

UNITED STATES of America, Plaintiff, v. Maxwell Courtney GARNER, Defendant.

United States District Court E. D. North Carolina, Raleigh Division.

September 9, 1955.


Attorney(s) appearing for the Case

Julian T. Gaskill, U. S. Atty., Raleigh, N. C., for plaintiff.

Howard E. Manning, Raleigh, N. C., for defendant.


GILLIAM, District Judge.

This is an action instituted by the United States under 28 U.S.C. § 1345, to recover from the defendant, doing business as M. C. Garner Truck Lines, alleged overpayments received for the transportation of Government property during the years 1944 and 1945. The case was heard without a jury.

During the years in question the defendant operated as an irregular route common carrier of property by motor vehicle in interstate commerce...

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