UNITED STATES v. SILVERTON

No. 4671.

200 F.2d 824 (1952)

UNITED STATES v. SILVERTON.

United States Court of Appeals First Circuit.

December 24, 1952.


Attorney(s) appearing for the Case

Melvin Richter, Attorney, Department of Justice, Washington, D. C. (Holmes Baldridge, Asst. Atty. Gen., George F. Garrity, U. S. Atty., and Edward F. McLaughlin, Jr., Asst. U. S. Atty., Boston, Mass., and Paul A. Sweeney and George F. Foley, Attorneys, Department of Justice, Washington, D. C., on brief), for appellant.

David R. Berg, Springfield, Mass., for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


MAGRUDER, Chief Judge.

The United States brought suit in the court below against a war surplus purchaser for the balance due on his purchase of certain scrap webbing. Defendant filed his answer, denying liability; asserting that the invitation to bid on scrap webbing was a misrepresentation, because "the goods received by him were not such as the general trade recognizes as scrap webbing and were not free of metal"; and making...

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