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ATLANTIC FISH & OYSTER CO. v. UNITED STATES

No. 50166.

116 F.Supp. 574 (1953)

ATLANTIC FISH & OYSTER CO. v. UNITED STATES.

United States Court of Claims.

December 1, 1953.

Attorney(s) appearing for the Case

James R. Zuckerman, Detroit, Mich., for plaintiff. Seymour J. Rubin, Wallace M. Cohen, Washington, D. C., Denenberg & Notkin, Chicago, Ill., and Landis, Cohen, Rubin, Schwartz & Gewirtz, Washington, D. C., were on the briefs.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen. Warren E. Burger, for defendant. Harry H. Davidson, White Plains, N. Y., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

MADDEN, Judge.

On May 4, 1949, the plaintiff and the Government made a contract under which the plaintiff was to deliver 30,000 pounds of Type III shrimp to the Government at its Quartermaster Market Center, San Francisco, California, on May 31. It was contemplated that the plaintiff would have the shrimp processed at the plant of the Clegg Shrimp Company of Port Lavaca, Texas. That Company's plant was to be one of the points where the Government would inspect the...

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