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UNITED STATES v. WARSAW ELEVATOR CO.

No. 277, Docket 23058.

213 F.2d 517 (1954)

UNITED STATES v. WARSAW ELEVATOR CO. et al.

United States Court of Appeals, Second Circuit.

Decided June 1, 1954.

Attorney(s) appearing for the Case

Cornelius J. Peck, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., and John O. Henderson, U. S. Atty. for Western Dist. of New York, Buffalo, N. Y., on the brief), for appellant.

Donald Havens, New York City (Haight, Deming, Gardner, Poor & Havens and John C. Mundt, Jr., New York City, on the brief), for appellees.

Before CLARK, FRANK, and MEDINA, Circuit Judges.

CLARK, Circuit Judge.

Early in 1951, Warsaw Elevator Company, now the debtor in arrangement proceedings in the court below, entered into a defense production contract with the United States for the manufacture and special packaging of leg hinges and screws for 60 and 80 millimeter mortars. The contract contained provisions for its termination in the event of failure of performance by the contractor and further provided, Article...

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