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HERDER TRUCK LINES v. UNITED STATES

No. 20958.

335 F.2d 261 (1964)

HERDER TRUCK LINES, for the Use and Benefit of Liberty Mutual Insurance Company, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 29, 1964.

Attorney(s) appearing for the Case

James E. Tribble, Robert Asti, Blackwell, Walker & Gray, Miami, Fla., for appellant.

Richard S. Salzman, Morton Hollander, Attys., Dept. of Justice, John W. Douglas, Asst. Atty. Gen., Washington, D. C., William A. Meadows, U. S. Atty., Alfred E. Sapp, Asst. U. S. Atty., Miami, Fla., Edith House, U. S. Atty., Washington, D. C., for appellee.

Before RIVES, BELL and WRIGHT, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a final judgment dismissing the plaintiff's complaint as against the United States.1 Some of the parts and materials listed on the government bills of lading were not delivered, and the United States withheld the value of the missing cargo, some $18,283.66, from freight charges due the terminal carrier, Herder Truck Lines.

As originally filed, the complaint consisted of a single count against...

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