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McWILLIAMS v. UNITED STATES

No. 49439.

138 F.Supp. 863 (1956)

G. M. McWILLIAMS, Trustee in Bankruptcy for F. T. Newton for His Own Use and for the Use of National Surety Corporation, v. The UNITED STATES.

United States Court of Claims.

March 6, 1956.

Attorney(s) appearing for the Case

Emanuel Harris, New York City, for plaintiff. Bernard J. Gallagher, Washington, D. C., and Max E. Greenberg, New York City, were on the briefs.

LeRoy Southmayd, Jr., with whom was George S. Leonard, Acting Asst. Atty. Gen., for defendant.

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

LITTLETON, Judge.

In this case the defendant admits that there is due the plaintiff, G. M. McWilliams, Trustee in Bankruptcy, the sum of $6,288, representing the balance—unused balance — on the contract made September 6, 1943, with one F. T. Newton for the construction of a building at Tallahassee, Florida. The facts relative to the contract, the work thereon and the default of contractor Newton on November 5, 1943, are shown in findings 4 and 5. The...

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