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UNITED STATES v. LE ROY DYAL CO.

No. 10277.

186 F.2d 460 (1950)

UNITED STATES v. LE ROY DYAL CO., Inc.

United States Court of Appeals Third Circuit.

Decided December 28, 1950.

Attorney(s) appearing for the Case

Neil Brooks, Washington, D. C. (Alfred E. Modarelli, U. S. Atty., John J. Barry, Asst. U. S. Atty., Newark, N. J., George E. Cooper, Katherine A. Markwell, Kenneth R. Ellenberger, Attys., U. S. Department of Agriculture, Washington, D. C., on the brief), for appellant.

Baruch S. Seidman, South River, N. J. (Burton & Seidman, South River, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

This appeal concerns the application of a provision for liquidated damages in a contract between the United States, through Commodity Credit Corporation, and LeRoy Dyal Company, Inc., a dealer in potatoes.

Neither side criticizes the findings of fact by the learned District Court. The only issue presented is one of law, but a brief statement of the facts will add to the understanding of the legal question. The contract between the...

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