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OLIVER-FINNIE COMPANY v. UNITED STATES

No. 473-53.

137 F.Supp. 719 (1956)

OLIVER-FINNIE COMPANY v. The UNITED STATES (the WESTON BISCUIT COMPANY, Inc., Megowan-Educator Food Company, Sunshine Biscuits, Inc., and Carr-Consolidated Biscuit Company, Third Party Defendants).

United States Court of Claims.

January 31, 1956.

Attorney(s) appearing for the Case

Donald R. Wellford, Memphis, Tenn., Snowden, Davis, McCloy, Donelson & Myar, Memphis, Tenn., on the briefs, for plaintiff.

Wallace R. Sollo, Chicago, Ill., Brown, Fox, Blumberg & Markheim, Chicago, Ill., on the briefs, for Carr-Consolidated Biscuit Co.

Kendall M. Barnes, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

LITTLETON, Judge.

Plaintiff, Oliver-Finnie Company, brought this suit against the Government to recover for the breach of a contract under which it was to assemble certain food components furnished by the Government into combat rations for the Army. The issue in the case involves the responsibility for the infestation of a portion of the cookie and cracker components.

On motion of the Government the suppliers of those food items were impleaded as third parties...

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