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UNITED STATES v. MERCUR CORPORATION

No. 225.

83 F.2d 178 (1936)

UNITED STATES ex rel. KESSLER et al. v. MERCUR CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

April 13, 1936.

Attorney(s) appearing for the Case

Marshall McLean, of New York City (James L. Nesbitt and Sarah H. McLean, both of New York City, of counsel), for appellants.

Clark, Carr & Ellis, of New York City (Clarence J. Shearn and Paul A. Crouch, both of New York City, of counsel), for appellees.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the plaintiffs from a judgment for the defendants entered after a motion by the defendants for judgment on the pleadings under rule 112 of the Rules of Civil Practice of the State of New York.

On November 30, 1926, the United States entered into an agreement of lease with the defendant Mercur Corporation covering premises in Newark, N. J., belonging to the government and known as "Port Newark Army Supply...

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