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SMELCER v. UNITED STATES

No. Cong. 17864.

127 F.Supp. 607 (1955)

John Lloyd SMELCER, v. The UNITED STATES.

United States Court of Claims.

January 11, 1955.

Attorney(s) appearing for the Case

Howard F. Jarvis, Knoxville, Tenn., for plaintiff.

John R. Franklin, Washington, D. C., with whom was Asst. Atty. Gen., Warren E. Burger, for defendant.

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

JONES, Chief Judge.

This is one of the rare cases in which there is no legal liability, but in which the ends of justice require that some payment be made, since the defendant received the benefits of the work, which was manifestly performed at a loss.

The facts as developed at a full hearing are as follows:

1. The plaintiff, John Lloyd Smelcer, is a resident of Midway, Greene County, Tennessee, and prior...

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