UNITED STATES v. CURTISS AEROPLANE CO.

No. 24.

147 F.2d 639 (1945)

UNITED STATES v. CURTISS AEROPLANE CO. et al.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied February 3, 1945.


Attorney(s) appearing for the Case

Paul A. Sweeney, of Washington, D. C., Francis M. Shea, Asst. Atty. Gen., and Daniel M. Sandomire, Alexander N. Sack, and Lester S. Jayson, Sp. Assts. to the Atty. Gen., of counsel), for appellant.

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

Before L. HAND, CHASE, and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

The plaintiff appeals from a summary judgment dismissing its complaint, because it was barred by the Statute of Limitations. The facts are as follows: Between September 25, 1914, and February 25, 1915, the Russian Imperial Government made seven written contracts with a corporation known as the Curtiss Aeroplane Company, for the manufacture and delivery of forty-eight "K boats," and two transatlantic "flying boats." (The other defendants have...

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