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SENECA BATTERY CORP. v. UNITED STATES

Civ. No. 5152.

121 F.Supp. 337 (1953)

SENECA BATTERY CORP. v. UNITED STATES.

United States District Court, W.D. New York.

August 6, 1953.

Attorney(s) appearing for the Case

Clarence F. Grabb, Rochester, N.Y., for plaintiff, John J. Mahoney, Rochester, N.Y., of counsel.

John O. Henderson, U.S. Atty., Buffalo, N.Y., for defendant, Michael J. McMorrow, Asst. U.S. Atty., Buffalo, N.Y., of counsel.

BURKE, District Judge.

This case involves the interpretation of a contract to furnish dry, charged automotive batteries. The plaintiff was required to pack the batteries in accordance with the requirements of Joint Army-Navy specifications for packaging and packing batteries for overseas shipment. This the plaintiff claims was beyond the contract requirements and a breach thereof, which involved additional expense amounting to damages for which this suit is brought...

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