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KINGAN & CO. v. UNITED STATES

No. H-228.

44 F.2d 447 (1930)

KINGAN & CO., Inc., v. UNITED STATES.

Court of Claims.

October 20, 1930.

Attorney(s) appearing for the Case

Paul F. Myers, of Washington, D. C., for plaintiff.

Charles R. Pollard, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (Ralph E. Smith, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and LITTLETON, WHALEY, WILLIAMS, and GREEN, Judges.

LITTLETON, Judge.

Upon the first issue we are of opinion that the plaintiff is entitled to maintain this suit. Section 3477, Revised Statutes, now section 203, title 31, U. S. C. (31 USCA § 203) makes null and void all transfers and assignments made of any claim upon the United States, whether absolute or conditional, unless they are properly made and executed in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment...

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