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CARVER v. UNITED STATES SHIPPING BOARD EMERGENCY F. CORP.

No. 13.

28 F.2d 798 (1928)

CARVER et al. v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION.

Circuit Court of Appeals, Second Circuit.

October 29, 1928.

Attorney(s) appearing for the Case

Bonynge & Barker, of New York City (Frank I. Tierney, of New York City, of counsel), for plaintiffs in error.

Charles H. Tuttle, U. S. Atty., of New York City (Edgar G. Wandless and George Biddle, Sp. Asst. U. S. Attys., both of New York City, of counsel), for defendant in error.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

It is difficult to understand upon precisely what theory the plaintiffs base their alleged cause of action. Before the District Court they took the position that the defendant requisitioned their contract with the Chester Shipbuilding Company, but that they were nevertheless liable to the latter for nonperformance of it. Thereupon the court held that there was no cause...

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