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UNITED STATES v. CLIFFORD F. MacEVOY CO.

Civ. No. 2103.

49 F.Supp. 81 (1943)

UNITED STATES, for Use and Benefit of CALVIN TOMKINS CO. v. CLIFFORD F. MacEVOY CO. et al.

District Court, D. New Jersey.

March 17, 1943.

Attorney(s) appearing for the Case

Benjamin P. DeWitt, of New York City, for plaintiff.

Elmer O. Goodwin, of Newark, N. J., for defendants.

FAKE, District Judge.

The issues here arise on motion to dismiss the complaint on the ground that it fails to state a valid cause of action.

It appears upon the face of the complaint herein that the MacEvoy Company entered into a contract with the Federal Works Administrator under the terms of which the MacEvoy Company was to furnish materials for and construct seven hundred dwelling units known as the Government's Housing Project N. J. 28071. Thereafter the...

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