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UNITED STATES v. ASSOCIATED AIR TRANSPORT, INC.

No. 17607.

275 F.2d 827 (1960)

UNITED STATES of America, Appellant, v. ASSOCIATED AIR TRANSPORT, INC., Appellee. ASSOCIATED AIR TRANSPORT, INC., et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 8, 1960.

Attorney(s) appearing for the Case

Howard E. Shapiro, Atty., Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., James L. Guilmartin, U. S. Atty., Miami, Fla., Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., for appellant.

William C. Burt, Robert Matthew Beckman, Washington, D. C., Joseph A. Perkins, Jeptha P. Marchant, Miami, Fla., for appellee.

Before RIVES, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This case involves domestic air transportation of military personnel during the Korean defense emergency by chartered air carriers. The immediate question is whether the Government is liable for ferry miles actually flown but which were in excess of the mileage specified in charter bids. Underlying that is the construction and application of the filed tariff. And collateral to this is the question of the right of the Government to invoke...

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