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ARMOUR AND COMPANY v. UNITED STATES

Nos. 544-57, 376-57.

169 F.Supp. 521 (1959)

ARMOUR AND COMPANY et al. v. UNITED STATES. ANDERSON FOOD PROCESSING CO. et al. v. UNITED STATES.

United States Court of Claims.

January 14, 1959.

Attorney(s) appearing for the Case

L. Reyner Samet, New York City, for plaintiffs. Clarence E. Dawson, Washington, D. C., Joseph C. Kennedy, Chicago Ill., Weston Vernon, Jr., and Lucien R. Tharaud, New York City, were on the briefs.

George Willi, III, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland, and Lyle M. Turner, Washington, D. C., were on the briefs.

MADDEN, Judge.

This is a suit for refund of transportation taxes paid by the plaintiffs to several common carriers, the latter acting as collectors for the United States which received the taxes in due course. The taxes sought to be recovered related to the carrier's charges, not for the line haul transportation of the plaintiff's goods, but for so-called accessorial services furnished by the carrier, those services being the icing and salting of refrigerator cars...

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