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CRAMP SHIPBUILDING CO. v. UNITED STATES

No. 10498.

193 F.2d 469 (1952)

CRAMP SHIPBUILDING CO. v. UNITED STATES et al.

United States Court of Appeals Third Circuit.

Decided January 8, 1952.

Attorney(s) appearing for the Case

Thomas Reath, Philadelphia, Pa. (Frederick R. Drayton, Jr., J. Horace Churchman and Drinker Biddle & Reath, Philadelphia, Pa., on the brief), for appellant.

John Edward Sheridan, Philadelphia, Pa., for Duffy Const. Corp.

Lewis H. Van Dusen, Philadelphia, Pa., Irving Malchman, Washington, D. C. (Holmes Baldridge, Asst. Atty. Gen., Gerald A. Gleeson, U. S. Atty., Thomas J. Curtin, Asst. U. S. Atty., Philadelphia, Pa., Edward H. Hickey, Washington, D. C., Attys. Dept. of Justice, on the brief), for United States.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

This appeal presents an enigma. On July 29, 1947 Cramp sued the United States under the Tucker Act, 28 U.S.C. § 1346(a) (2), alleging breach of contract. The complaint contains allegations which may state a cause of action against Duffy. Concerning this point we need now express no opinion. On November 18, 1947 the United States obtained leave to bring in Duffy as a third-party defendant. A complaint issued and Duffy answered. On April 12...

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