M. I. O'BOYLE & SON, INC. v. UNITED STATES

No. 88-60.

303 F.2d 446 (1962)

M. I. O'BOYLE & SON, INC. v. The UNITED STATES.

United States Court of Claims.

June 6, 1962.


Attorney(s) appearing for the Case

Raymond A. Negus, Washington, D. C., for plaintiff. Lawrence Cake, Washington, D. C., was on the brief.

Lewis A. Dille, Kensington, Md., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant.


DURFEE, Judge.

In this action plaintiff seeks to recover refunds made under protest to defendant because of overpayments asserted by the General Accounting Office, determined in the post audit of plaintiff's bills for transportation services performed. The facts insofar as relevant in this case are uncontested.

During 1951 and 1952 plaintiff transported jet fuel in tank trucks for defendant from Paulsboro, New Jersey to Langley Field, Virginia. On shipments...

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