UNITED STATES v. LENNOX METAL MANUFACTURING CO.

No. 280, Docket 23451.

225 F.2d 302 (1955)

UNITED STATES of America, Plaintiff-Appellant, v. LENNOX METAL MANUFACTURING COMPANY, Inc., and Frank Margiotta and Herbert B. Pearl, as Co-Trustees of the Lennox Metal Manufacturing Company, Inc., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided August 1, 1955.


Attorney(s) appearing for the Case

Leonard P. Moore, Brooklyn, N. Y. (William C. Gordon, New York City, of counsel), for appellant.

Timen & Waters, Kadel, Wilson & Potts, New York City, Nathan Korn, Brooklyn, Edwin Slote, New York City (Lawrence S. Timen, New York City, and W. Philip Van Kirk, Tuckahoe, of counsel), for appellee.

Before FRANK, MEDINA and HINCKS, Circuit Judges.


FRANK, Circuit Judge.

The trial judge found that, when the government notified defendant of the termination of the contract, defendant was not in default. The evidence amply supports that finding.

The original contract set forth no delivery schedule. Supplemental Agreement No. 1 provided for deliveries starting on or before July 31, 1951. Supplemental Agreement No. 2 dated January 31, 1952, states that "it has been administratively determined that the Contractor...

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