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UNITED STATES v. GENERAL MOTORS CORPORATION

No. 11567.

226 F.2d 745 (1955)

UNITED STATES of America, Appellant, v. GENERAL MOTORS CORPORATION.

United States Court of Appeals Third Circuit.

Decided October 14, 1955.

Attorney(s) appearing for the Case

E. Riggs McConnell, Dept. of Justice, Washington, D. C. (Stanley N. Barnes, Asst. Atty. Gen., Leonard G. Hagner, U. S. Atty., Wilmington, Del., James E. Kilday, Sp. Asst. to the Atty. Gen., H. Newton White, Asst. U. S. Atty., on the brief), for the United States.

Aaron Finger, Wilmington, Del. (Henry M. Hogan, W. J. Oldani, Detroit, Mich., E. N. Carpenter, II, Richards, Layton & Finger, Wilmington, Del., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

This appeal arises out of an action brought by the United States of America against the General Motors Corporation ("GM") under paragraph 3 of section 1 of the Elkins Act, 49 U.S.C.A. § 41(3) which provides that any shipper who "knowingly" receives from a railroad any "valuable consideration" as a "rebate" shall "forfeit to the United States" three times the amount so received.1 Judgment was entered for GM...

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