McCARTY v. UNITED STATES

No. 13261.

185 F.2d 520 (1950)

McCARTY et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 13, 1951.


Attorney(s) appearing for the Case

Charles W. Greer, Birmingham, Ala., for appellant.

John D. Hill, U. S. Atty., William L. Hogue, Asst. U. S. Atty., Birmingham, Ala., for appellee.

Before McCORD, BORAH and RUSSELL, Circuit Judges.


McCORD, Circuit Judge.

This suit was brought by the United States against David McCarty and Harry Cohen for the alleged breach of a written contract. Under the terms of the contract, the defendants agreed to purchase from the Government and remove from an Army camp at Ft. McClellan, Alabama, for a specified period all waste food fit for animal consumption, and to pay for same at the rate of $.07 per month for each man at the camp during that period. Recovery was sought...

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