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H. HERFURTH, JR., INC. v. UNITED STATES

No. 3881.

79 F.2d 499 (1935)

H. HERFURTH, JR., INC., v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 8, 1935.

Attorney(s) appearing for the Case

Edmund D. Campbell, of Washington, D. C. (Hugh H. Obear, of Washington, D. C., Gardner L. Boothe, of Alexandria, Va., and Douglas, Obear, Morgan & Campbell, of Washington, D. C., on the brief), for appellant.

H. H. Holt, Jr., Asst. U. S. Atty., of Norfolk, Va. (George C. Sweeney, Asst. Atty. Gen., Sterling Hutcheson, U. S. Atty., of Norfolk, Va., and Wm. S. Ward, Attorney, Department of Justice, of Washington, D. C., on the brief), for the United States.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

This suit was brought by H. Herfurth, Jr., Inc., a Virginia corporation, against the United States under the Tucker Act, 28 USCA § 41 (20), to recover the sum of $6,250 for damages for alleged breach of a contract between the plaintiff and the United States. Upon the conclusion of the evidence, the District Court granted a motion of the United States for a directed verdict, and from the judgment based thereon, this appeal was taken.

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