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ROSE v. UNITED STATES

No. 49590.

129 F.Supp. 954 (1955)

Morton M. ROSE, a Partnership Consisting of Morton M. Rose, Individually and as Trustee For Constance Rose and Terry Rose, and Esther H. Rose, v. The UNITED STATES.

United States Court of Claims

April 5, 1955.

Attorney(s) appearing for the Case

Edwin J. McDermott, Philadelphia, Pa., for plaintiffs.

Frank J. Keating, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

WHITAKER, Judge.

Plaintiff is a partnership trading under the name of Morton M. Rose, and consisting of Esther Rose and Morton M. Rose, the latter acting individually and as Trustee for Constance Rose and Terry Rose. For the purposes of this opinion, it will be treated as an entity. It sues to recover liquidated damages assessed against it.

Plaintiff entered into a contract with defendant on January 9, 1948 to furnish it with 1,929,000 pairs of cotton drawers...

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