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MOUNTAIN STATES TELEPHONE & TEL. CO. v. UNITED STATES

No. 369-72.

499 F.2d 611 (1974)

MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY v. The UNITED STATES.

United States Court of Claims.

June 19, 1974.

Attorney(s) appearing for the Case

Judith A. Yannello, Washington, D. C., for plaintiff; John B. Tacke, Washington, D. C., attorney of record. Hudson, Creyke, Koehler, Brown & Tacke, Washington, D. C., of counsel.

Thomas L. McKevitt, Washington, D. C., with whom was Asst. Atty. Gen. Wallace H. Johnson, for defendant. Robert A. Zupkus, Washington, D. C., of counsel.

Before COWEN, Chief Judge, DURFEE, Senior Judge, and KASHIWA, Judge.

KASHIWA, Judge.

This is a suit for the return of $3,195, allegedly excessive fees paid annually under protest to the Department of Agriculture.

The action arises from plaintiff's dissatisfaction with the fee charged for a special-use permit issued by the United States Department of Agriculture, Forest Service, on June 17, 1960, authorizing plaintiff to maintain a microwave relay facility at a 125 x 150 square foot site on Mt. Lemmon in the Coronado National...

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