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UNITED STATES v. ASSOCIATED TRANSPORT, INC.

No. 72-1946.

505 F.2d 366 (1974)

UNITED STATES of America, Appellant, v. ASSOCIATED TRANSPORT, INC., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 1, 1974.

Attorney(s) appearing for the Case

Eloise E. Davies, Atty., Dept. of Justice, with whom Harold H. Titus, Jr., U.S. Atty. at the time the brief was filed, and Walter H. Fleischer, Atty., Dept. of Justice, were on the brief, for appellant. Morton Hollander and Thomas J. Press, Attys., Dept. of Justice, also entered appearances for appellant.

Bryce Rea, Jr., Washington, D. C., for appellees.

Richard J. Hardy, Washington, D. C., filed a brief on behalf of Mohasco Industries, Inc. as amicus curiae urging reversal.

Before WRIGHT, ROBINSON and MacKINNON, Circuit Judges.

PER CURIAM:

The United States as a shipper sued the defendant motor carriers in the District Court for restitution of excessive freight charges on furniture shipments made under published tariff rates which the Interstate Commerce Commission, following a formal investigation undertaken sua sponte, ultimately ordered set aside as not shown to be just and reasonable. The issue on this appeal is whether a shipper can sue an interstate motor common carrier for...

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