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FOGARTY v. UNITED STATES

No. 13857.

176 F.2d 599 (1949)

FOGARTY v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

August 24, 1949.

Attorney(s) appearing for the Case

George M. Shkoler, Chicago, Ill. (Blum & Jacobson, of Chicago, Ill., and Rollo N. Chaffee, Duluth, Minn., on the brief), for appellant.

Hubert H. Margolies, Atty., Department of Justice, of Washington, D. C. (H. G. Morison, Asst. Atty. Gen., John W. Graff, U. S. Atty., James J. Giblin, Asst. U. S. Atty., St. Paul, Minn., and Edward H. Hickey, Sp. Asst. to Atty. Gen., on the brief), for appellee.

Before GARDNER, Chief Judge, and THOMAS and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

The appellant, as Trustee in Bankruptcy of Inland Waterways, Inc., brought this action under the War Contracts Hardship Claims Act of August 7, 1946, 60 Stat. 902, 41 U.S.C.A. § 106 Note, popularly known as the Lucas Act, to recover of the United States $328,804.42 as losses alleged to have been sustained by Waterways in the performance of contracts with the Navy Department. The motion of the United States for a summary judgment, based...

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