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GREENWOOD PRODUCTS CO. v. UNITED STATES

No. 13254.

188 F.2d 401 (1951)

GREENWOOD PRODUCTS CO. et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 16, 1951.

Attorney(s) appearing for the Case

Dan MacDougald, Welborn B. Cody, Atlanta, Ga., J. E. D. Yonge, Pensacola, Fla., for appellants.

Neil Brooks, Associate Sol., Lewis A. Sigler, Asst. Associate Sol., U. S. Dept. of Agriculture, Washington, D. C., George Earl Hoffman, U. S. Atty., Pensacola, Fla., for appellee.

Before HOLMES, BORAH and STRUM, Circuit Judges.

STRUM, Circuit Judge.

This is an action by the United States against Greenwood Products Company, and others, to recover balances alleged to be due on the value of a large quantity of peanuts destroyed by fire. There was judgment for plaintiff below, from which the defendants appeal. The controlling questions are (a) whether the risk of loss was upon the United States or upon the appellant Greenwood Products Company, and if the latter then (b) the measure of recovery...

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