C & H Transportation Co., Inc. v. The United States

OPINION

This transportation suit was referred to Trial Commissioner Mastín G. White for preparation and filing of his opinion and recommended conclusion of law. The commissioner has done so in a report filed January 28, 1970. The plaintiff has requested review. The case has been submitted to the judges on oral argument and briefs. The Court agrees with the Trial Commissioner’s conclusion and his recommended disposition but supplements his opinion as follows * :

Plaintiff challenges the Trial Commissioner’s conclusion that Item 187 of Tariff No. 2-G was a rate provision. Although the item was…