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UNITED STATES v. CHESAPEAKE AND OHIO RAILWAY CO.

No. 8013.

281 F.2d 698 (1960)

UNITED STATES of America, Appellant, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 16, 1960.

Attorney(s) appearing for the Case

Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Joseph S. Bambacus, U. S. Atty., Richmond, Va., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., on brief), for appellant.

Strother Hynes, Richmond, Va. (Meade T. Spicer, Jr., Hewitt Biaett and John W. Hanifin, Richmond, Va., on brief), for appellee.

Before HAMLEY, HAYNSWORTH and BOREMAN, Circuit Judges.

BOREMAN, Circuit Judge.

The United States appeals from a judgment rendered by the United States District Court for the Eastern District of Virginia, Richmond Division, on August 31, 1959, against it and in favor of The Chesapeake and Ohio Railway Company, hereinafter called C & O, in the amount of $9,571.36 for freight transportation charges.

Action was first commenced by the C & O on March 10, 1952, to recover amounts deducted by the United States...

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