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UNITED STATES v. GUY W. CAPPS, INC.

No. 6541.

204 F.2d 655 (1953)

UNITED STATES v. GUY W. CAPPS, Inc.

United States Court of Appeals Fourth Circuit.

Decided April 15, 1953.

Attorney(s) appearing for the Case

Joseph Kovner, Attorney, Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., A. Carter, Whitehead, U. S. Atty. and Austin E. Owen, Special Asst. to the U. S. Atty., Richmond, Va., and Edward H. Hickey, Attorney, Department of Justice, Washington D. C., on brief) for appellant.

W. R. Ashburn, Norfolk, Va., (H. M. Jarvis and Ashburn, Agelasto & Sellers, Norfolk, Va., on brief) for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge:

This is an appeal by the United States from a judgment entered on a verdict directed for the defendant, Guy W. Capps, in an action instituted to recover damages alleged to have been sustained by the United States as the result of alleged breach by defendant of a contract with respect to the importation of seed potatoes from Canada. The District Court denied a motion to dismiss the action. United States v. Guy W. Capps, Inc.,

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