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UNITED STATES v. GARCIA & DIAZ, INC.

No. 272, Docket 26466.

291 F.2d 242 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. GARCIA & DIAZ, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 24, 1961.

Attorney(s) appearing for the Case

Morton Hollander, Attorney, Department of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Arnold R. Petralia, Attorney, Department of Justice, Washington, D. C., on the brief), for plaintiff-appellee.

Sheldon A. Vogel, New York City (Bigham, Englar, Jones & Houston, Donald F. Connors, New York City, on the brief), for defendant-appellant.

Before HINCKS and MOORE, Circuit Judges, and BRENNAN, District Judge.

MOORE, Circuit Judge.

Defendant appeals from a judgment in favor of the United States for $5,828.35 with interest from December, 1944, entered after a trial to the court.

This action, commenced on December 30, 1957, was brought by the United States pursuant to 28 U.S.C.A. § 1345 to recover an alleged overpayment of freight charges, for the ocean transportation of 823.8214 tons of corned beef from Buenos Aires...

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