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STANDARD FACTORS CORP. v. NATIONAL RUBBER MACH. CO.

No. 99.

139 F.2d 578 (1943)

STANDARD FACTORS CORPORATION v. NATIONAL RUBBER MACH. CO.

Circuit Court of Appeals, Second Circuit.

November 18, 1943.

Attorney(s) appearing for the Case

Schiff, Dorfman, Stein & Brof, of New York City (Charles H. Tuttle, of New York City, of counsel), for plaintiff-appellee.

White & Case, of New York City (Thomas Kiernan and James McCarron, both of New York City, of counsel), for defendant-appellant.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Defendant made a contract with Baldwin Locomotive Works, a government "prime contractor" for the construction of Army tanks, under which defendant was to construct gun mounts for use in such tanks. The evidence, on the trial before a jury, showed that, on March 11 and March 19, 1942, defendant and Universal Machine Tool Manufacturing Company entered into four written agreements by which Universal was to manufacture for defendant certain parts...

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