UNITED STATES v. MISSOURI PACIFIC RAILROAD COMPANY

No. 16777.

250 F.2d 805 (1958)

UNITED STATES of America, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 12, 1958.


Attorney(s) appearing for the Case

Malcolm R. Wilkey, U. S. Atty., James E. Ross, Asst. U. S. Atty., Houston, Tex., Alan S. Rosenthal, Melvin Richter, Attys., Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Geo. S. Leonard, Acting Asst. Atty. Gen., for appellant.

Carroll R. Graham, Houston, Tex., and Hutcheson, Taliaferro & Hutcheson, Woodul, Arterbury & Wren, Howard S. Hoover, Houston, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and RIVES and JONES, Circuit Judges.


HUTCHESON, Chief Judge.

This suit arises out of the action of the government in deducting, under the authority of Sec. 322 of the Transportation Act of September 18, 1940, 49 U.S.C.A. § 66, from freight bills admittedly due, sums which it claimed as overpayments on other freight bills earlier paid.

Submitted on a stipulation of facts and decided by the district judge in favor of the plaintiff railroad, three questions are presented.

The first...

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