ATLANTIC COAST LINE RAILROAD CO. v. UNITED STATES

No. 183-52.

140 F.Supp. 569 (1956)

ATLANTIC COAST LINE RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

May 1, 1956.


Attorney(s) appearing for the Case

U. B. Ellis, Wilmington, N. C., for plaintiff. Robert R. Faulkner, Washington, D. C., was on the briefs.

Laurence H. Axman, New York City, with whom was Acting Asst. Atty. Gen. Geo. S. Leonard, for defendant. Pauline B. Heller, Washington, D. C., was on the brief.

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


MADDEN, Judge.

The plaintiff sues for freight charges admittedly earned in carrying freight for the Government, but not paid because the Government claimed that the plaintiff had overcharged it on former shipments, and deducted the amount of the alleged overcharges from the freight earned. The question is whether the plaintiff did overcharge the Government on the former shipments and, if so, whether it was lawful for the Government to pay itself for the overcharges...

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