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R. J. PEACOCK CANNING CO. v. COMMODITY CREDIT CORP.

No. 10627.

185 F.2d 894 (1950)

R. J. PEACOCK CANNING CO. v. COMMODITY CREDIT CORP.

United States Court of Appeals District of Columbia Circuit

Decided November 22, 1950.

Attorney(s) appearing for the Case

Joseph J. Smith, Jr., Washington, D. C., with whom O. R. McGuire, Jr., Washington, D. C., was on the brief, for appellant.

Hubert H. Margolies, Atty., Department of Justice, Washington, D. C., with whom Asst. Atty. Gen. H. G. Morison, and George Morris Fay, U. S. Atty. and Edward H. Hickey, Atty., Department of Justice, Washington, D. C., were on the brief, for appellee.

Before WILBUR K. MILLER and WASHINGTON, Circuit Judges, and WILKIN, District Judge, Retired, sitting by designation.

WASHINGTON, Circuit Judge.

This case is an offshoot of Peacock Canning Co. v. Turney, Em.App., 168 F.2d 1019, and much of the factual background is there disclosed.

Appellant sold 205,138 cases of sardines to the Commodity Credit Corporation in 1945 and 1946, under a contract which provided that the price to be paid to the contractor (appellant) should be the ceiling price "* * * for the appropriate species, can size, pack...

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