RECONSTRUCTION FINANCE CORP. v. SULLIVAN MINING CO.

No. 14755.

230 F.2d 247 (1956)

RECONSTRUCTION FINANCE CORPORATION, a corporation, Appellant, v. SULLIVAN MINING COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 5, 1956.


Attorney(s) appearing for the Case

Stimson & Donahue, L. Vincent Donahue, Spokane, Wash., Tom B. Paine, Wallace, Idaho, for appellant.

Charles E. Horning, Wallace, Idaho, Robert E. Brown, Kellogg, Idaho, for appellee.

Before STEPHENS, HEALY, and POPE, Circuit Judges.


HEALY, Circuit Judge.

This is an appeal from a judgment in the sum of fifty-four thousand odd dollars awarded Sullivan Mining Company for its out-of-pocket costs in stockpiling zinc concentrates for the government during and following the Second World War.

It is not disputed that Sullivan incurred costs in the amount awarded. The question is whether in the contingency which developed during the course of the relationship Sullivan became entitled to recover...

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