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KARNO-SMITH CO. v. MALONEY

No. 7261.

112 F.2d 690 (1940)

KARNO-SMITH CO. v. MALONEY, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

June 17, 1940.

Attorney(s) appearing for the Case

Ellis L. Pierson, of Trenton, N. J., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, J. L. Monarch, and Fred J. Neuland, Sp. Assts. to the Atty. Gen., and William F. Smith, Acting U. S. Atty., and Thorn Lord, Asst. U. S. Atty., both of Trenton, N. J., for appellee.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

MARIS, Circuit Judge.

On October 21, 1931, Karno-Smith Company, a corporation engaged in the general contracting business and the plaintiff in this suit, entered into a contract with the New Jersey State House Commission for the construction of a public building. On November 16, 1931, the plaintiff entered into a contract with New Jersey Brick & Supply Co., Inc., to furnish the granite for the building. The Supply Company, in turn, purchased the granite from the...

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