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UNITED STATES v. PIXLEY

No. 16618.

285 F.2d 586 (1960)

UNITED STATES of America, Appellant, v. Melvin A. PIXLEY, d/b/a Furniture Freight Forwarders and/or Furniture Fast Freight, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

December 6, 1960.

Attorney(s) appearing for the Case

George C. Doub, Asst. Atty. Gen., Morton Hollander, Howard E. Shapiro, Attorneys, Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., for appellant.

Turcotte & Goldsmith, Jack O. Goldsmith, Los Angeles, Cal., for appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and EAST, District Judge.

PER CURIAM.

The United States seeks restitution for overpayment of freight charges. Suit was brought in the District Court under 28 U.S.C. § 1345. Judgment was rendered by the District Court dismissing the action for lack of jurisdiction.

Between July 3, 1943, and October 10, 1947, appellees transported goods for the United States between points in California. Following deliveries, bills were submitted by appellees and were paid by the United States....

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