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EDWARD H. ELLIS & SONS v. UNITED STATES

Civ. A. No. 285-49.

91 F.Supp. 880 (1950)

EDWARD H. ELLIS & SONS, Inc., v. UNITED STATES.

United States District Court D. New Jersey.

July 12, 1950.

Attorney(s) appearing for the Case

Samuel P. Orlando, Camden, N. J., Chester C. Hilinski, Philadelphia, Pa., for plaintiff.

Theron Lamar Caudle, Asst. Atty. Gen., Washington, D. C., Andrew D. Sharpe, Lyle M. Turner, Sp. Assts. to the Atty. Gen., Washington, D. C., Alfred E. Modarelli, U. S. Atty., Newark, N. J., Grover C. Richman, Jr., Asst. U. S. Atty., Camden, N. J., for defendant.

MADDEN, District Judge.

This matter is brought on by motions for summary judgment by both plaintiff and defendant, and based upon the pleadings and affidavits filed herein.

The Court finds no serious dispute of the facts of the case, which are as follows.

Plaintiff, Edward H. Ellis & Sons, Inc., hereinafter referred to as Ellis, is a corporation of New Jersey. On or about May 27, 1947, Ellis entered into a contract with The Texas Company, hereinafter...

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