BURSTEIN v. UNITED STATES

No. 15423.

232 F.2d 19 (1956)

Al BURSTEIN and Violet R. Burstein, Co-partners doing business as Braeburn Company, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 19, 1956.


Attorney(s) appearing for the Case

Solbert M. Wasserstrom, Kansas City, Mo., for appellants.

Horace Warren Kimbrell, Asst. U. S. Atty., Kansas City, Mo. (Edward L. Scheufler, U. S. Atty., and Paul R. Shy, Asst. U. S. Atty., Kansas City, Mo., were on the brief), for appellee.

Before WOODROUGH and VAN OOSTERHOUT, Circuit Judges, and HULEN, District Judge.


VAN OOSTERHOUT, Circuit Judge.

The question raised by this appeal is the adequacy of damages allowed appellants, plaintiffs below and hereinafter so referred to. Plaintiffs contracted to furnish the Army 144,000 Cooks trousers at $1.89 per pair. Plaintiffs' action is based upon their claim that the appellee, United States of America, defendant below, had breached its contract by requiring plaintiffs to produce and deliver a disproportionate quantity of larger sizes...

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