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BETHLEHEM SHIPBUILDING CORPORATION v. WEST & DODGE CO.

No. 1851.

10 F.2d 289 (1926)

BETHLEHEM SHIPBUILDING CORPORATION, Limited, v. WEST & DODGE CO.

Circuit Court of Appeals, First Circuit.

January 26, 1926.

Attorney(s) appearing for the Case

George R. Farnum, Asst. U. S. Atty., of Boston, Mass., and Pickens Neagle, of Washington, D. C. (Harold P. Williams, U. S. Atty., of Boston, Mass., on the brief), for plaintiff in error.

Michael J. Mulkern, of Boston, Mass. (Ralph H. Willard and Ham, Willard & Taylor, all of Boston, Mass., on the brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

JOHNSON, Circuit Judge.

The Bethlehem Shipbuilding Corporation, Limited, hereinafter called Bethlehem, having entered into a written contract with the United States to construct for it torpedo boat destroyers on a cost plus profit basis, on December 11, 1917, gave to the West & Dodge Company, hereinafter called West & Dodge, purchasing orders for oil burners, oil burner air cones, and oil burner holders for 40 boats, at a price of $3,300 for each boat, in...

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