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JOHN A. JOHNSON & SONS v. UNITED STATES

Nos. 5437, 5438.

153 F.2d 534 (1946)

JOHN A. JOHNSON & SONS, Inc., et al. v. UNITED STATES, to Use of BALTIMORE BRICK CO. SAME v. FRIEDMAN.

Circuit Court of Appeals, Fourth Circuit.

February 6, 1946.

Attorney(s) appearing for the Case

Joseph L. Carter and George W. S. Musgrave, both of Baltimore, Md., for appellants John A. Johnson & Sons, Inc., and American Surety Co. of New York.

Leo M. Alpert, of Baltimore, Md. (Julian Jawitz and Howard Henig, both of New York City, on the brief), for J. Friedman Co.

Jesse Slingluff, Jr., of Baltimore, Md., for Baltimore Brick Co.

Before SOPER and DOBIE, Circuit Judges, and GILLIAM, District Judge.

GILLIAM, District Judge.

This litigation, now consisting of two controversies, one between the Baltimore Brick Company on the one hand and John A. Johnson & Sons, Inc., American Surety Company of New York, and J. Friedman Company on the other, and a second controversy between J. Friedman Company on the one hand and John A. Johnson & Sons, Inc. and American Surety Company of New York on the other, had its inception

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