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UNITED STATES v. SEACOAST GAS CO.

No. 14314.

204 F.2d 709 (1953)

UNITED STATES v. SEACOAST GAS CO., Inc. et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 20, 1953.

Attorney(s) appearing for the Case

Marvin E. Frankel, Atty. Department of Justice, Claims Division, Washington, D. C., Donald H. Fraser, Asst. U. S. Atty., Savannah, Ga., Holmes Baldridge, Asst. Atty. Gen., Bernard F. Orlikowski, Atty. Public Housing Administration, Washington, D. C., (J. Saxton Daniel, U. S. Atty., Savannah, Ga., of counsel), for appellant.

Chas. L. Gowen, Brunswick, Ga., (Gowen, Conyers, Fendig & Dickey, Brunswick, Ga., of counsel), for appellee.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

Brought against Seacoast Gas Company and the surety on it performance bond, the suit was for damages alleged to have resulted from the anticipatory breach by the Gas Company of its contract with plaintiff to supply gas to a federal housing project during the period from April 15, 1947, to June 15, 1948. The claim was: that on October 7, 1947, while performance of the contract was in progress, Seacoast anticipatorily

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