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CARGILL, INCORPORATED v. COMMODITY CREDIT CORPORATION

No. 61, Docket 25523.

275 F.2d 745 (1960)

CARGILL, INCORPORATED, Plaintiff-Appellee, v. COMMODITY CREDIT CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 23, 1960.

Attorney(s) appearing for the Case

Leonard Garment, New York City (Paul R. Shanahan, of R. J. & P. R. Shanahan, Syracuse, N. Y., Weston B. Grimes of Carey & Grimes, Washington, D. C., and Milton Black of Mudge, Stern, Baldwin & Todd, New York City, on the brief), for plaintiff-appellee.

Lionel Kestenbaum, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., and Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., and Morton Hollander, Washington, D. C., on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and HAND and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

Commodity Credit Corporation, "an agency and instrumentality of the United States, within the Department of Agriculture" created by the Act of June 29, 1948, ch. 704, 62 Stat. 1070, 15 U.S. C.A. § 714, appeals from a judgment of the District Court for the Northern District of New York in an action brought against Commodity by Cargill, Inc., a warehouseman. The judgment upheld Cargill's claim for charges totalling $552,188.33 for storing...

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