SECOND NAT. BANK v. M. SAMUEL & SONS

No. 50.

12 F.2d 963 (1926)

SECOND NAT. BANK OF TOLEDO v. M. SAMUEL & SONS, Inc.

Circuit Court of Appeals, Second Circuit.

May 10, 1926.


Attorney(s) appearing for the Case

Morris, Plante & Saxe, of New York City (Merton E. Lewis, of New York City, of counsel), for appellant.

Morris D. Kopple, of New York City (Herbert D. Cohen, of New York City, of counsel), for appellee.

Before ROGERS, MANTON, and HAND, Circuit Judges.


ROGERS, Circuit Judge (after stating the facts as above).

It appears that the War Department of the government of the United States on October 17, 1922, sent to dealers in metal scrap material a circular letter soliciting bids for the purchase of about 1,880 gross tons of Stokes trench mortar shells scrap and trench mortar fuse bodies scrap, then at the Ordnance Reserve Depot at Toledo, Ohio. It required all bids to be presented at the Toledo depot on or before

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