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WHITIN MACHINE WORKS v. UNITED STATES

No. 4401.

175 F.2d 504 (1949)

WHITIN MACHINE WORKS v. UNITED STATES.

United States Court of Appeals First Circuit.

June 16, 1949.

Attorney(s) appearing for the Case

Hugh D. McLellan and Paul R. Frederick, Boston, Mass. (Charles C. Petersen, Henry V. Atherton and Badger, Pratt, Doyle & Badger, Boston, Mass., on the brief), for appellant.

Arthur M. Boal, New York City (William T. McCarthy, United States Attorney, Boston, Mass., William T. Ard, Special Attorney, Department of Justice, New York City, Charles F. Dutch and Putnam, Bell, Dutch & Santry, Boston, Mass., and Tompkins, Boal & Tompkins, New York City, on the brief), for appellee.

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

MAGRUDER, Chief Judge.

Whitin Machine Works (hereinafter called Whitin) is a Massachusetts corporation having its principal place of business in Whitinsville, Massachusetts. It brings this appeal from a judgment against it in favor of the United States in a civil action for breach of an alleged implied warranty under a contract for the manufacture and sale to the United States by Whitin of certain generator sets. Many grounds are urged for reversal of the judgment...

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