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UNITED STATES v. YALE TRANSPORT CORP.

184 F.Supp. 42 (1960)

UNITED STATES of America, Plaintiff, v. YALE TRANSPORT CORP., Defendant.

United States District Court S. D. New York.

June 8, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., New York City, Sherman J. Saxl, Asst. U. S. Atty., New York City, of counsel, for plaintiff, United States.

Austin, Burns, Appell & Smith, New York City, Joseph W. Burns, John P. Cuddahy, New York City, of counsel, for defendant, Yale Transport Corp.

WEINFELD, District Judge.

The Government commenced this action in March 1959 to recover alleged shipping overcharges made by the defendant, a motor vehicle common carrier,1 for the transportation of Government property over a ten-year period, from August 1943 to December 1953.

The defendant moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U. S.C.A., on the grounds that: (1) all claims subsequent...

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