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UNITED STATES v. NEWBURY MFG. CO.

No. 3703.

123 F.2d 453 (1941)

UNITED STATES v. NEWBURY MFG. CO. et al.

Circuit Court of Appeals, First Circuit.

November 21, 1941.

Attorney(s) appearing for the Case

Gerald J. McCarthy, Asst. U. S. Atty., of Boston, Mass., for appellant.

Mark M. Horblit and Harry Bergson, both of Boston, Mass., for appellees.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

PER CURIAM.

The United States brought in the court below three actions for breach of contract. The first (No. 762) was against Newbury Mfg. Co. and Belmont Knitwear Co., both Massachusetts corporations; the second (No. 763) against Newbury Mfg. Co. and Robert P. Cable; and the third (No. 764) against Belmont Knitwear Co. and Robert P. Cable.

In each case the defendants moved that the complaint be dismissed for failure to state a cause of action. On January...

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