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UNITED STATES v. CENTRAL TRUCK LINES, INC.

No. 75-1955.

548 F.2d 523 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. CENTRAL TRUCK LINES, INC., Defendant-Appellant. CENTRAL TRUCK LINES, INC., et al., Plaintiffs-Appellants, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 7, 1977.

Attorney(s) appearing for the Case

Robert E. Born, J. Michael May, Atlanta, Ga., for appellants.

Norman R. Powell, Louisville, Ky., for Central & Southern Motor Freight.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Kenneth G. Caplan, Interstate Comm. Commission, Washington, D. C., for appellees.

Before JONES, WISDOM and GODBOLD, Circuit Judges.

JONES, Circuit Judge:

The appellant, Central Truck Lines, is a common carrier by motor trucks. In 1968 it transported automobiles for the United States, the appellee here, and collected freight charges computed by the application of an exception rate rather than at the lower classification rate. The United States claimed it had been overcharged and that the lower rate was applicable. It brought an action against Central for the difference between the amount it had...

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