H. HERFURTH, JR., INC. v. ACKER

No. 9963.

177 F.2d 38 (1949)

H. HERFURTH, Jr., Inc. v. ACKER.

United States Court of Appeals District of Columbia Circuit.

Decided June 6, 1949.

Rehearing Denied September 12, 1949.


Attorney(s) appearing for the Case

Mr. Lowry N. Coe, Washington, D. C., for appellant.

Mr. Geoffrey Creyke, Jr., Washington, D. C., with whom Messrs. Minor Hudson, Rowland F. Kirks and Andrew A. Lipscomb, Washington, D. C., were on the brief, for appellee.

Before EDGERTON and PROCTOR, Circuit Judges, and H. CHURCH FORD, District Judge sitting by designation.


PER CURIAM.

We find no substantial error in the record. The judgment of the District Court is therefore affirmed.

On Petition for Rehearing

EDGERTON, Circuit Judge.

Appellant contracted with the United States in February 1934, on the United States Government Form of Contract, to construct a sea wall. In March 1934 appellee contracted with appellant to "furnish all labor, equipment, tools and materials, except otherwise noted, for the entire...

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