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UNITED STATES v. GARNER

Civ. No. 657.

236 F.Supp. 632 (1964)

UNITED STATES of America, Plaintiff, v. Maxwell Courtney GARNER, Defendant.

United States District Court E. D. North Carolina, Raleigh Division.

December 17, 1964.

Attorney(s) appearing for the Case

Robert H. Cowen, U. S. Atty., Gerald L. Bass, Asst. U. S. Atty., Raleigh, N. C., and Norma L. Holloway, Atty., Dept. of Justice, Washington, D. C., for plaintiff.

Howard E. Manning, Raleigh, N. C., for defendant.

CRAVEN, District Judge.

This case was begun November 12, 1952, and is the oldest civil action now pending in the Eastern District of North Carolina. The controversy itself is twenty years old. It arises from an effort by the United States to recover alleged overpayments received by Garner for the transportation of government property during the latter part of World War II.

The complaint filed by the United States alleged simply the right to recover any overpayment...

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