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SHERWOOD v. UNITED STATES

No. 306.

112 F.2d 587 (1940)

SHERWOOD v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 3, 1940.

Attorney(s) appearing for the Case

Milton U. Copland, of New York City (M. Carl Levine and Morgulas & Foreman, all of New York City, on the brief), for plaintiff-appellant.

Sidney J. Kaplan, Sp. Asst. to Atty. Gen. (Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y., and Francis M. Shea, Asst. Atty. Gen., Maurice W. Hibschman, Atty., Dept. of Justice, of Washington, D. C., and Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., on the brief), for the United States.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an action by Jacob Sherwood, as judgment-creditor of Frederick Kaiser, brought against the United States of America and Kaiser, to recover damages claimed to be due Kaiser upon the latter's contract with the United States for the construction of a post office. Suit is brought in the district court upon the theory that the claim was one properly cognizable under the Tucker Act, 28 U.S.C.A. §§ 41(20) and 250, by which the United...

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