UNITED STATES v. NEW ENGLAND COAL AND COKE COMPANY

No. 6064.

318 F.2d 138 (1963)

UNITED STATES of America, Plaintiff, Appellant, v. NEW ENGLAND COAL AND COKE COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided June 4, 1963.


Attorney(s) appearing for the Case

David L. Rose, Atty., Dept. of Justice, with whom Joseph D. Guilfoyle, Acting Asst. Atty. Gen., W. Arthur Garrity, Jr., U. S. Atty., and Alan S. Rosenthal, Atty. Dept. of Justice, were on brief, for appellant.

Francis J. Vaas, Boston, Mass., with whom James S. Eastham, William M. Brady, Boston, Mass., John J. Glessner, III, and Ropes & Gray, Boston, Mass., were on brief, for appellee.

Before HARTIGAN and ALDRICH, Circuit Judges, and GIGNOUX, District Judge.


GIGNOUX, District Judge.

The United States of America appeals from a summary judgment dismissing its action against New England Coal and Coke Company for the recovery of damages claimed to be due the United States by reason of alleged violations of the Walsh-Healey Public Contracts Act, 41 U.S.C. § 35 et seq.

The Walsh-Healey Public Contracts Act, the pertinent portions of which are set forth in the margin,1 provides that...

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