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BENJAMIN MOTOR EXPRESS v. UNITED STATES

No. 5238.

251 F.2d 547 (1958)

BENJAMIN MOTOR EXPRESS, Inc., Defendant, Appellant, v. UNITED STATES of America, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided January 29, 1958.

Attorney(s) appearing for the Case

S. Roy Remar, Boston, Mass., with whom Max Singer, Boston, Mass., was on brief, for appellant.

Andrew A. Caffrey, Asst. U. S. Atty., Boston, Mass., with whom Anthony Julian, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

The defendant-appellant is a common carrier by motor vehicle which in 1944 and 1945 transported ammunition for the United States from its Naval Ammunition Depot in Hingham, Massachusetts, to its Naval Reservation at Price's Neck, Rhode Island. These transportation services were performed under a contract with the United States wherein the carrier agreed that the rates to be applied in computing its compensation were to be:

"Rates as found in tariffs...

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