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UNITED STATES v. MISSISSIPPI VALLEY BARGE LINE CO.

Nos. 16400, 16409.

285 F.2d 381 (1960)

UNITED STATES of America, Appellant, v. MISSISSIPPI VALLEY BARGE LINE COMPANY, Appellee. MISSISSIPPI VALLEY BARGE LINE COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

December 27, 1960.

Attorney(s) appearing for the Case

Sherman L. Cohn, Atty., Civil Div., Dept. of Justice, Washington, D. C., for the United States. George Cochran Doub, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., and William H. Webster, U. S. Atty., St. Louis, Mo., were with Sherman L. Cohn, Washington, D. C., on the brief filed by the Government.

John O. Hichew, St. Louis, Mo., for the Mississippi Valley Barge Line Co. J. Richard Skouby, and Thompson, Mitchell, Douglas & Neill, St. Louis, Mo., were with John O. Hichew, St. Louis, Mo., on the brief filed for the Mississippi Valley Barge Line Co.

Before SANBORN, MATTHES and BLACKMUN, Circuit Judges.

BLACKMUN, Circuit Judge.

Mississippi Valley Barge Line, a common carrier by water in interstate commerce, instituted this action in July 1957, asserting jurisdiction under the Tucker Act and, specifically, under 28 U.S.C. §§ 1346 and 1337, against the United States for unpaid portions of charges for shipments of government freight in 1956 and 1957. The United States by its amended answer conceded liability for these charges but, by permissive counterclaims...

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