M. I. O'BOyle & Son, Inc. v. The United States

DURFEE, Judge.

In this action plaintiff seeks to recover refunds made under protest to defendant because of overpayments asserted by the General Accounting Office, determined in the post audit of plaintiff’s bills for transportation services performed. The facts insofar as relevant in this case are uncontested.

During 1951 and 1952 plaintiff transported jet fuel in tank trucks for defendant from Paulsboro, New Jersey to Langley Field, Virginia. On shipments made prior to January 5, 1952, plaintiff billed defendant for charges at a rate of 5.51 cents per gallon and on shipments made subsequent…