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SMITH v. DAVIS

No. 23.

323 U.S. 111 (1944)

SMITH ET AL., PARTNERS, v. DAVIS ET AL., AS BOARD OF COUNTY TAX ASSESSORS OF FULTON COUNTY, ET AL.

Supreme Court of United States.

Decided December 4, 1944.

Attorney(s) appearing for the Case

Mr. Ben H. Sullivan, with whom Mr. John H. Connaughton was on the brief, for petitioners.

Mr. W.S. Northcutt, with whom Messrs. E.H. Sheats and Standish Thompson were on the brief, for respondents.

At the request of the Court, Solicitor General Fahy, Assistant Attorney General Samuel O. Clark, Jr., and Messrs. Sewall Key, J. Louis Monarch and Bernard Chertcoff filed a brief on behalf of the United States, as amicus curiae, expressing the view that R.S. § 3701 does not apply to the obligation here involved but that Congress has constitutional power to declare such an immunity.

MR. JUSTICE MURPHY delivered the opinion of the Court.

Petitioners are partners engaged in the contracting and construction business. They claim that on January 1, 1942, the United States owed them a balance of $29,831.10. This amount was due under the terms of two contracts for work, labor and materials furnished in connection with the construction of two airports for the use of the United States Army. Petitioners state that this balance "was in the nature of an...

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