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UNION PETROLEUM S. S. CO. v. UNITED STATES

No. 250.

18 F.2d 752 (1927)

UNION PETROLEUM S. S. CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 4, 1927.

Attorney(s) appearing for the Case

John M. Woolsey and Delbert M. Tibbetts, both of New York City, and Frederic R. Sanborn, of Brooklyn, N. Y., for plaintiff in error.

Emory R. Buckner, U. S. Atty., and Walter Schaffner, Sp. Asst. U. S. Atty., both of New York City.

Before MANTON, HAND, and SWAN, Circuit Judges.

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

It cannot be successfully maintained that the defendant's payment to Jones was payment of a debt owing to him by the United States. In Omnia Commercial Co. v. United States, 261 U.S. 502, 43 S.Ct. 437, 67 L. Ed. 773, it was held that the requisition of the entire output of a steel company, thereby depriving it of the means to perform its...

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