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T. I. M. E. -DC, INC. v. UNITED STATES

No. 75-3921.

548 F.2d 1163 (1977)

T. I. M. E.-DC, INC., Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 17, 1977.

Attorney(s) appearing for the Case

Bryce Rea, Jr., Washington, D. C., for plaintiff-appellant.

Frank D. McCown, U. S. Atty., Ft. Worth, Tex., Carol J. Freeman, Civil Div., Dept. of Justice, Lloyd John Osborn, I. C. C., Washington, D. C., Robert Wilson, Asst. U. S. Atty., Lubbock, Tex., for defendants-appellees.

Before JONES, WISDOM and GODBOLD, Circuit Judges.

PER CURIAM:

The appellant, T.I.M.E.-DC is a motor common carrier. In 1969 it hauled rocket engines and liquid for the United States. A freight charge in excess of the classification rate was collected. The United States brought a reparations action for the amount by which the amount collected exceeded the freight computed by the classification rate. The action was stayed and a proceeding was instituted before the Interstate Commerce Commission for a determination...

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