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UNITED STATES v. DEWART MILK PRODUCTS CO.

No. 3260.

9 F.2d 705 (1926)

UNITED STATES v. DEWART MILK PRODUCTS CO., Inc.

Circuit Court of Appeals, Third Circuit.

January 7, 1926.

Attorney(s) appearing for the Case

Paul Shipman Andrews, of Syracuse, N. Y., Jerome Michael, of Washington, D. C., Victor Levine, of Boston, Mass., and Louis Joffe, of New York City, for the United States.

Harry S. Knight and M. H. Taggart, Jr., both of Sunbury, Pa., Phil H. Lewis, of Punxsutawney, Pa., and Knight & Taggart, of Sunbury, Pa., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In February, 1918, the United States (hereinafter called the government) sent out specifications and conditions for subsistence and supplies, to which the Dewart Milk Products Company (hereinafter called Dewart) replied agreeing to furnish 96,000 cans of condensed milk in accordance with the said specifications. On April 18, 1918, the milk was delivered to the Quartermaster's Depot at Baltimore, pursuant to government's written order, dated...

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