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KRAUSS v. GREENBARG

No. 8184.

137 F.2d 569 (1943)

KRAUSS v. GREENBARG et al.

Circuit Court of Appeals, Third Circuit.

Decided July 16, 1943.

Rehearing Denied September 20, 1943.

Attorney(s) appearing for the Case

B. D. Oliensis, of Philadelphia, Pa. (Jacob K. Miller and Levi, Mandel & Miller, all of Philadelphia, Pa., on the brief), for appellant.

T. Ewing Montgomery, of Philadelphia, Pa., for appellees.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

On July 30, 1940, the defendants who used the business name of King Kard Overall Company, received an award and contract from the War Department of the United States to supply 698,084 pairs of leggings. The contract called for deliveries of certain quantities of leggings at stated intervals and provided for a sum as liquidated damages for each day of delay. By a memorandum of the same date the defendants placed an order with the plaintiff...

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