UNITED STATES v. N. Y., N. H. & H. R. CO.

No. 45.

355 U.S. 253 (1957)

UNITED STATES v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD CO.

Supreme Court of United States.

Decided December 16, 1957.


Attorney(s) appearing for the Case

Alan S. Rosenthal argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Doub and Melvin Richter.

Edmund M. Sweeney argued the cause and filed a brief for respondent.


MR. JUSTICE BRENNAN delivered the opinion of the Court.

The General Accounting Office audited transportation bills of the respondent, rendered and paid in 1944, and determined that the Government was overcharged in the amount of $1,025.26. When the respondent did not refund this amount on demand, the Government exercised the right, reserved in § 322 of the Transportation Act of 1940,1 to deduct the overpayments from a subsequent bill...

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