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UNITED STATES v. T.I.M.E., INCORPORATED

No. 16738.

252 F.2d 178 (1958)

UNITED STATES of America, Appellant, v. T.I.M.E., Incorporated, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 25, 1958.

Attorney(s) appearing for the Case

Heard L. Floore, U. S. Atty., A. W. Christian, Asst. U. S. Atty., Fort Worth, Tex., Melvin Richter, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Geo. S. Leonard, Acting Asst. Atty. Gen., George Cochran Doub, Asst. Atty. Gen., for appellant.

W. D. Benson, Jr., Benson & Howard, Lubbock, Tex., for appellee.

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

RIVES, Circuit Judge.

T.I.M.E., Incorporated, a motor carrier, sued the United States under the Tucker Act1 for unpaid transportation charges on shipments of freight. The United States asserted counterclaims upon which the district court held that it was entitled to $16,942.03, and that holding is not contested on appeal. This appeal involves solely the question of the correctness of the district court's determination that T.I.M.E. was...

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