Twentieth Century Aircraft, Inc. v. United States

This is an appeal from a Judgment entered on October 8,1964, by the United States District Court for the Southern District of California, Central Division, denying appellant’s tenth counterclaim and dismissing an independent action seeking judgment in the amount of $545,-162.25.

The action had been commenced by the government seeking restitution in the amount of $89,335.14, for an alleged overpayment made in connection with domestic charter flights by appellant of United States military personnel and freight during the years 1957-1960. Original jurisdiction was founded on 28 U.S.C. § 1345 .

The appellant answered, admitting overpayment in the sum of $43,179.95, but denying there had been overpayment in the amount asserted by the government. The answer also contained nine counterclaims against the government seeking to recover funds appellant claimed were erroneously withheld by the United States in order to apply them against prior debts of the appellant. The jurisdictional basis for these nine counterclaims was 28 U.S.C. § 2406 . An amended answer and counterclaim filed by appellant added a tenth counterclaim seeking recovery for “ferry” mileage actually flown, but which…