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RUBIN v. UNITED STATES

No. 143, Docket 20850.

167 F.2d 113 (1947)

RUBIN et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 5, 1948.

Attorney(s) appearing for the Case

Zeitz, Harris & Moscowitz, of New York City (Saul L. Harris and William Roth, both of New York City, and Louis Witlin, of Brooklyn, N.Y., of counsel), for plaintiffs-appellants.

John F. X. McGohey, U. S. Atty., (Henry L. Glenn, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before AUGUSTUS N. HAND, CLARK, and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

The plaintiffs in a suit against the United States brought under 28 U.S.C.A. § 41(20) have taken this appeal from an order granting the defendant's motion for summary judgment and dismissing their complaint on the merits.

There is no dispute over the facts. They may be stated as follows: The plaintiffs, co-partners doing business in the City and State of New York as Novelty Products Company, entered into a contract with the Navy...

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