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CABEL v. UNITED STATES

No. 3529.

113 F.2d 998 (1940)

CABEL et al. v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

July 31, 1940.

Attorney(s) appearing for the Case

Philip Bergson, of Boston, Mass. (Harry Bergson, of Boston, Mass., on the brief), for appellants.

Edward O. Gourdin, Asst. U. S. Atty., of Boston, Mass. (Edmund J. Brandon, U. S. Atty., of Boston, Mass., on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and PETERS, District Judge.

PETERS, District Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts rendered upon the verdict of a jury in a suit in which the United States sought to recover certain payments alleged to have been erroneously made to the defendants, the appellants, in the course of dealings with them in 1920-22 when the United States, through the War Department, was selling large quantities of surplus subsistence commodities...

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