United States v. Powell

DOBIE, Circuit Judge.

This case involves only one question. Phosphates, owned by the United States (hereinafter called Government) were shipped over the Seaboard Air Line Railway (hereinafter called Seaboard), consigned to the British Ministry of War Transport under the Lend-Lease Act, for use as fertilizer by the farmers of Great Britain. Did these phosphates fall within the category “military or naval property of the United States moving for military or naval and not for civil use”, as those words were used in Section 321(a) of the Transportation Act of 1940, 49 U.S.C.A. § 65(a)? The…