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KEY LINE FREIGHT, INC. v. UNITED STATES

No. 77-5167.

570 F.2d 97 (1978)

KEY LINE FREIGHT, INC., Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 27, 1978.

Attorney(s) appearing for the Case

Robert A. Sullivan, Sullivan & Leavitt, Northville, Mich., Ralph B. Matthews (for amicus) Watkins & Daniell, Paul M. Daniell, Atlanta, Ga., for defendant-appellant.

Frank S. Spies, U. S. Atty., Robert C. Greene, Asst. U. S. Atty., Grand Rapids, Mich., Peter Shannon, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and EDWARDS, Circuit Judge, and THORNTON, Senior District Judge.

THORNTON, Senior District Judge.

Appellant, Key Line Freight, Inc., appeals from its conviction on each of 28 counts contained in the Information charging it with giving rebates to shippers in violation of 49 U.S.C. § 322(c). Trial by jury was waived by defendant and such waiver was consented to by the government.

The language of the statute, which the Information charges defendant violated, provides as follows:

(c) Any person, whether carrier...

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