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STEWART v. UNITED STATES

Nos. 7365, 7366.

327 F.2d 201 (1964)

Truitt Mathew STEWART, also known as Bud M. Stewart, and System Investment Corporation, Appellants, v. UNITED STATES of America and Asbury Transportation Company, Appellees. UNITED STATES of America, Appellant, v. ASBURY TRANSPORTATION COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

January 22, 1964.

Attorney(s) appearing for the Case

Joseph M. Butler, of Bangs, McCullen, Butler & Foye, Rapid City, S. D., for appellant Truitt Mathew Stewart, also known as Bud M. Stewart, and System Investment Corp.

John W. Douglas, Asst. Atty. Gen., Robert N. Chaffin, U. S. Atty., Alan S. Rosenthal and Stephen B. Swartz, Dept. of Justice, for United States.

David D. Uchner, of Henderson, Godfrey & Kline, Cheyenne, Wyo., for appellee Asbury Transportation Co.

Before MURRAH, Chief Judge, and HILL and SETH, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a summary judgment for the United States against appellants, Truitt Mathew Stewart and System Investment Corporation, on its claim against them and appellee, Asbury Transportation Company, for overcharges for transportation of Government property, by a subsequently defunct motor carrier. The claim is prosecuted on the trust fund theory, and the summary judgment against System and Stewart is based upon the following undisputed...

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