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UNITED STATES v. WATERMAN STEAMSHIP CORPORATION

No. 71-3424.

471 F.2d 186 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. WATERMAN STEAMSHIP CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 4, 1973.

Attorney(s) appearing for the Case

C. S. White-Spunner, Jr., U. S. Atty., Mobile, Ala., David V. Hutchinson, Adm. & Shipping Sec., U. S. Dept. of Justice, Walter H. Fleischer, Harry R. Sachse, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

William W. Stoudenmire, George F. Wood, Mobile, Ala., for defendant-appellee.

Before COLEMAN, GOLDBERG and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge.

The United States brought this suit to recover excess freight charges paid by it to Waterman Steamship Company as reimbursement for the cost of shipping goods abroad for the Cooperative for American Relief Everywhere, Inc. (CARE), a private, nonprofit voluntary relief organization. The suit was grounded on Waterman's written certification to the United States that the freight charges were at prevailing rates. Waterman pleaded as an affirmative...

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