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UNITED STATES v. HADDEN

No. 11396.

192 F.2d 327 (1951)

UNITED STATES v. HADDEN et al.

United States Court of Appeals Sixth Circuit.

November 19, 1951.

Attorney(s) appearing for the Case

Arthur W. Murphy, Washington, D. C., Holmes Baldridge, Asst. Atty. Gen., Paul A. Sweeney, and Arthur W. Murphy, Washington, D. C., Don C. Miller, and Frank E. Steel, Cleveland Ohio, on brief, for appellant.

L. C. Wykoff and John A. Hadden, Cleveland, Ohio, L. C. Wykoff, Peter Reed, and Richard C. Weiss, all of Cleveland, Ohio, on brief; Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, Samuel K. Walzer, Cleveland, Ohio, of counsel, for appellee.

Before SIMONS, ALLEN and MILLER, Circuit Judges.

SIMONS, Circuit Judge.

From the disallowance of a claim by the government in a bankruptcy proceeding for the refund of monies allegedly paid by mistake to a war contractor there emerges an issue which calls for consideration of recently enacted statutes and appears to be one of first impression. The salient facts follow:

The contractor was Union Industries, Inc., herein referred to as Union. In 1944, it entered into a contract with the Navy, Bureau of Ordinance...

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