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NEW YORK, NEW HAVEN & HARTFORD R. CO. v. UNITED STATES

No. 5570.

275 F.2d 118 (1960)

NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals First Circuit.

February 25, 1960.

Attorney(s) appearing for the Case

William Q. Keenan, New Haven, Conn., Arthur D. Healey, Boston, Mass., on the brief, for appellant.

Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Elliot L. Richardson, U. S. Atty., Boston, Mass., and Douglas A. Kahn, Atty., Dept. of Justice, Washington, D. C., on the brief, for appellee.

Before WOODBURY, Chief Judge, HARTIGAN, Circuit Judge, and DAY, District Judge.

DAY, District Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts dismissing the plaintiff-appellant's complaint after a trial before the court without a jury.

The plaintiff-appellant brought this action against the defendant-appellee under the Tucker Act, 28 U.S.C.A. § 1346(a) (2), to recover $1,756.97, the amount of certain deductions made by the Government in its payment of bills rendered to...

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