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IN RE C. M. McLEAN & SONS

No. 302.

70 F.2d 307 (1934)

In re C. M. McLEAN & SONS, Inc. McCLINTIC-MARSHALL CORPORATION v. MANGAN.

Circuit Court of Appeals, Second Circuit.

April 16, 1934.

Attorney(s) appearing for the Case

Cravath, de Gersdorff, Swaine & Wood, of New York City (Frederick H. Wood and Joseph Day Lee, both of New York City, of counsel), for appellant.

Herbert H. Ray, of Binghamton (Hinman, Howard & Kattell, of Binghamton, of counsel), for appellee.

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

CHASE, Circuit Judge.

C. M. McLean & Sons, Inc., made a contract with the state of New York on June 12, 1931, to furnish materials and erect an armory at Kingston in that state for an agreed price to be paid to the contractor at times and on conditions as stated in the agreement. Two paragraphs of the contract follow:

"102. If the Contractor shall abandon the work under his contract, or fail or refuse to conform...

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