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UNITED STATES v. PADDOCK

No. 12738.

180 F.2d 121 (1950)

UNITED STATES v. PADDOCK. In re GLOBE AIRCRAFT CORPORATION.

United States Court of Appeals Fifth Circuit.

February 18, 1950.

Attorney(s) appearing for the Case

A. W. Christian, Asst. U. S. Atty., Ft. Worth, Tex., O. Morris Harrell, Asst. U. S. Atty., Ft. Worth, Tex., Frank B. Potter, U. S. Atty., Ft. Worth, Tex., for appellant.

Richard U. Simon, Ft. Worth, Tex., Frank B. Appleman, Ft. Worth, Tex., Bennett L. Smith, Ft. Forth, Tex., for appellee.

Before HOLMES, McCORD, and WALLER, Circuit Judges.

HOLMES, Circuit Judge.

In our former opinion in this case, we allowed two claims of the United States against the trustee in bankruptcy of a government contractor; both arose out of war contracts; one was for liquidated damages arising from a breach of the warranty against contingent fees; the other was for excessive profits of the bankrupt under war contracts. All of the bankrupt's contracts admittedly contained this warranty; and beyond peradventure the warranty...

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