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UNITED STATES v. TOP SHIPPERS ASSOCIATION

No. 29561 Summary Calendar.

437 F.2d 501 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. TOP SHIPPERS ASSOCIATION, Inc., and Francis A. Finberg, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 20, 1971.

Attorney(s) appearing for the Case

Edward B. Winn, Lane, Savage, Counts & Winn, G. Ward Beaudry, Dallas, Tex., for defendant-appellants.

Eldon B. Mahon, U. S. Atty., Andrew Barr, Asst. U. S. Atty., Kiril Jaszenko, Atty., I. C. C., for plaintiff-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

In this case a jury found Top Shippers Association, a corporation, and Francis A. Finberg, its manager, guilty, in twelve counts, of violating the Elkins Act, 49 U.S.C. § 41. This statute prohibits the knowing solicitation, acceptance, and receipt of concessions from a railroad company in the transportation of property in interstate commerce at a less rate and charge than that named in the tariffs of the common carrier as published and on file with...

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