BROTHERTON v. MERRITT-CHAPMAN & SCOTT CORP.

No. 227, Docket 22891.

213 F.2d 477 (1954)

BROTHERTON et al. v. MERRITT-CHAPMAN & SCOTT CORP.

United States Court of Appeals Second Circuit.

Decided June 2, 1954.


Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts, New York City (Allen T. Klots, Merrell E. Clark, Arthur E. Pettit, New York City, of counsel), for plaintiffs-appellants.

Guggenheimer & Untermyer, New York City (Abraham Shamos, Harry Hoffman, New York City, Norman Hammer, Leon H. Tykulsker, Brooklyn, N. Y., of counsel), for defendant-appellee.

Before CLARK, FRANK and MEDINA, Circuit Judges.


FRANK, Circuit Judge.

1. Article 13, especially when read in the light of SC-22b of the Specifications, was intended solely for the government's benefit and not for the benefit of other contractors as third-party beneficiaries. We think this so clear that we content ourselves with a mere citation of leading cases. See German Alliance Insurance Co. v. Home Water Co., 226 U.S. 220, 230, 33 S.Ct. 32, 57 L.Ed. 195; Moch Co. v. Rensselaer...

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