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WILLIAM J. KELLY CO. v. RECONSTRUCTION FINANCE CORP.

No. 4382.

172 F.2d 865 (1949)

WILLIAM J. KELLY CO., Inc. v. RECONSTRUCTION FINANCE CORPORATION.

United States Court of Appeals First Circuit.

Rehearing Denied March 29, 1949.

Attorney(s) appearing for the Case

Jack Goodman, of Albany, N. Y. (Paul T. Smith, of Boston, Mass., on the brief), for appellant.

Edward H. Hickey, Sp. Asst. to Atty. Gen. (H. G. Morison, Asst. Atty. Gen., William T. McCarthy, U. S. Atty., of Boston, Mass., and Richard E. Guggenheim, Atty., Dept. of Justice, of Washington, D. C., on the brief), for appellee.

Before MAGRUDER, Chief Judge, and MARIS (by special assignment) and WOODBURY, Circuit Judges.

MAGRUDER, Chief Judge.

William J. Kelly Company (hereinafter called Kelly), a Massachusetts corporation, brought suit in the United States District Court for the District of Massachusetts against the Reconstruction Finance Corporation and the United States. By stipulation, the action was subsequently dismissed as against the United States without prejudice.

In so far as is now material, the complaint alleged that on January 13, 1947, Kelly and the RFC entered...

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