NATIONAL RAG & WASTE COMPANY v. UNITED STATES

No. 16184.

237 F.2d 846 (1956)

NATIONAL RAG & WASTE COMPANY, Inc., and United States Fidelity & Guaranty Company, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 2, 1956.


Attorney(s) appearing for the Case

George S. Brown, Albert A. Rosenthal, Birmingham, Ala., Rosenthal & Rosenthal, Birmingham, Ala., of counsel, for appellants.

W. L. Longshore, U. S. Atty., Fred S. Weaver, Asst. U. S. Atty., Birmingham, Ala., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

Acknowledging with a candor that is almost beguiling that successful defense to an admitted total breach of a Government supply contract rests wholly upon the extreme technicality of an asserted failure to give written notice of default, the Contractor appeals from adverse jury verdict and judgment.

By this approach, premised on the fact that, "* * * When the United States enters into contract relations, its rights and duties...

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