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UNITED STATES v. DE QUEEN AND EASTERN RAILROAD CO.

No. 16203.

271 F.2d 597 (1959)

UNITED STATES of America, Appellant, v. DE QUEEN AND EASTERN RAILROAD COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 8, 1959.

Attorney(s) appearing for the Case

Howard E. Shapiro, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Charles W. Atkinson, U. S. Atty., Fort Smith, Ark., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Melvin J. Spencer, Kansas City, Mo. (Elbert Cook, De Queen, Ark., Louis L. Poplinger, and Watson, Ess, Marshall & Enggas, Kansas City, Mo., were with him on the brief), for appellee.

Before SANBORN, WOODROUGH and VAN OOSTERHOUT, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment dismissing the complaint of the United States in an action brought by it on May 25, 1958, to recover overcharges in freight rates collected by the defendant (appellee), a common carrier by rail, from the Commodity Credit Corporation on various lots of hay shipped into Arkansas between September 25, 1952, and January 29, 1953. The defendant was the delivering carrier, and the last overcharge was collected by...

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