No. 5.

283 U.S. 570 (1931)


Supreme Court of United States.

Reargued October 24, 27, 1930.

Decided May 25, 1931.

Attorney(s) appearing for the Case

Mr. Monte Appel, with whom Mr. Frederick Schwertner was on the brief, for Indian Motocycle Co.

Solicitor General Thacher, with whom Assistant Attorney General Rugg and Messrs. Fred K. Dyar and H. Brian Holland were on the brief, for the United States.

Mr. John E. Hughes filed a brief for the Excelsior Motor Mfg. & Supply Co. as amicus curiae.

MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

This is a certificate from the Court of Claims. At a prior term the certificate was dismissed as not in accord with applicable rules and then reinstated, as in Wheeler Lumber Bridge & Supply Co. v. United States, 281 U.S. 572. It since has been amended, and further argument has been heard.

The facts disclosed...

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