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UNITED STATES v. FRANCIS

No. 17607.

320 F.2d 191 (1963)

UNITED STATES of America, Appellant, v. Jess E. FRANCIS, Appellee.

United States Court of Appeals Ninth Circuit.

June 28, 1963.

Attorney(s) appearing for the Case

William H. Orrick, Jr., Asst. Atty. Gen., Francis C. Whelan, U. S. Atty., Alan S. Rosenthal and Sherman L. Cohn, Department of Justice, Washington, D. C., for appellant.

Silver & Cole, Bertram S. Silver and William L. Cole, San Francisco, Cal., for appellee.

Before BARNES, JERTBERG and BROWNING, Circuit Judges.

BARNES, Circuit Judge.

This is an action in which the United States (appellant) seeks restitution under Section 322 of the Transportation Act of 1940, 29 U.S.C. § 66, for over-payments allegedly made by it on twenty-seven charges rendered by appellee, operating as the Continental Freight Lines.

The district court, having jurisdiction under 28 U.S.C. § 1345, on April 28, 1961 entered judgment holding for...

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