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UNITED STATES v. CHESAPEAKE AND OHIO RAILWAY CO.

No. 6998.

224 F.2d 443 (1955)

UNITED STATES of America, Appellant, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 14, 1955.

Attorney(s) appearing for the Case

Alan S. Rosenthal, Atty., Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., and Melvin Richter, Atty., Department of Justice, Washington, D. C., on brief), for appellant.

Meade T. Spicer, Jr., Richmond, Va. (Walter Leake, Richmond, Va., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is another case, like United States v. Chesapeake & Ohio R. Co., 4 Cir., 215 F.2d 213, where the only question involved is whether the export or the domestic freight rate is properly applicable to a shipment where there was an intention to export at the point of origin but where this intention was abandoned when the shipment reached the port from which exportation was to be made, so that what started out as a...

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