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UNITED STATES v. NORTH CAROLINA GRANITE CORPORATION

No. 8188.

288 F.2d 232 (1961)

UNITED STATES of America, Appellee. v. NORTH CAROLINA GRANITE CORPORATION, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 27, 1961.

Attorney(s) appearing for the Case

I. E. Carlyle and H. Grady Barnhill, Jr., Winston-Salem, N. C. (Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., on the brief), for appellant.

James E. Holshouser, U. S. Atty., Greensboro, N. C. (Lafayette Williams, Asst. U. S. Atty., Greensboro, N. C., on the brief), for appellee.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

SOPER, Circuit Judge.

This appeal is taken from a judgment of the District Court whereby the North Carolina Granite Corporation was sentenced to pay the minimum fine of $1000.00 on each of ten counts of an indictment for violation of the Elkins Act, 49 U.S. C.A. § 41(1), by receiving a rebate in the transportation of property in interstate commerce at a less rate than that named in the tariffs published and filed by the common carrier with the Interstate Commerce...

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