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G. T. FOGLE & CO. v. UNITED STATES

No. 5025.

135 F.2d 117 (1943)

G. T. FOGLE & CO. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 20, 1943.

Attorney(s) appearing for the Case

Henry S. Cato, of Charleston, W. Va., for appellant.

Chadwick W. Ketchum, Asst. U. S. Atty., of Huntington, W. Va. (Lemuel R. Via, U. S. Atty., of Huntington, W. Va., and Charles M. Love, Jr., Asst. U. S. Atty., of Charleston, W. Va., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

G. T. Fogle & Company (hereinafter called Fogle) instituted a civil action under the Tucker Act, 28 U.S.C.A. § 41(20), against the United States of America (hereinafter called the Government) in the United States District Court for the Southern District of West Virginia, seeking the recovery of damages for an alleged breach by the Government of three separate contracts entered into between Fogle and the Government for the rental of street...

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