UNITED STATES v. CURTISS AEROPLANE CO.


50 F.Supp. 477 (1943)

UNITED STATES v. CURTISS AEROPLANE CO. et al.

District Court, S. D. New York.

May 27, 1943.


Attorney(s) appearing for the Case

Mathias F. Correa, of New York City (by Daniel M. Sandomire, of New York City), for plaintiff.

Spence, Windels, Walser, Hotchkiss & Angell, of New York City (by Kenneth M. Spence and Soia Mentschikoff, both of New York City), for defendants.


RIFKIND, District Judge.

The complaint alleges seven causes of action. Each is based upon the alleged breach of a separate contract of sale of Curtiss aeroplanes by defendant to the Imperial Russian Government. The United States sues as assignee under the Litvinoff Assignment of November 16, 1933. The contracts were all made in 1914 and 1915. The latest delivery date specified in any of the contracts was July 20, 1915. Action was commenced on April 9, 1941.

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