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SUPER SERVICE MOTOR FREIGHT CO. v. UNITED STATES

No. 15872.

350 F.2d 541 (1965)

SUPER SERVICE MOTOR FREIGHT CO., Inc., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

August 13, 1965.

Attorney(s) appearing for the Case

Frederick B. Abramson, Department of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Attorney, Department of Justice, Washington, D. C., Kenneth Harwell, U. S. Atty., Nashville, Tenn., on brief, for appellant.

John K. Maddin, Jr., Nashville, Tenn., Gracey, Buck, Maddin & Cowan, Nashville, Tenn., on brief, for appellee.

Before PHILLIPS and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

EDWARDS, Circuit Judge.

Here plaintiff, a common carrier truck line, brought suit against the United States of America to recover charges for freight it had hauled. The United States defended by asserting setoff and counterclaim for damages which exceeded plaintiff's charges.

The damage was done to a camera which the United States shipped from Fort Monmouth, New Jersey, to Fort Sill, Oklahoma. On arrival it was found to be damaged beyond repair.

It...

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