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

No. 230.

32 F.2d 680 (1929)

HARWOOD v. UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION (SIEGEL et al., Interveners). Petition of TOPPING BROS.

Circuit Court of Appeals, Second Circuit.

May 6, 1929.

Attorney(s) appearing for the Case

Herbert B. Lee, of New York City, and Charles B. Waller, of New London, Conn., for appellant trustee.

Edwards, Murphy & Minton, of New York City (Frederick H. Wood, Herbert B. Lee, W. H. L. Edwards, and William W. Robison, all of New York City, of counsel), for appellants ancillary receivers.

Breed, Abbott & Morgan, of New York City (Hugh S. Williamson, of New York City, of counsel), for appellant Topping Bros.

John Buckley, U. S. Atty., of Hartford, Conn., Chauncey G. Parker, Gen. Counsel U. S. Shipping Board, of Washington, D. C., and Henry F. Parmelee, Sp. Asst. Atty. Gen., of New York City, for United States Shipping Board Emergency Fleet Corporation.

Robert G. Dodge and Laurence Curtis, 2d, both of Boston, Mass., amici curiæ.

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

MANTON, Circuit Judge.

The Groton Iron Works, for whom a trustee in bankruptcy has been appointed, entered into contracts with the United States Shipping Board Emergency Fleet Corporation for the construction of ships for the Fleet Corporation. This suit seeks to set aside a contract of settlement made March 26, 1920, on the ground of duress and mutual mistake of fact, and to have it adjudicated that it is unenforceable as an accord and satisfaction between the parties...

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