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MILLER HARNESS CO. v. UNITED STATES

No. 209, Docket 24163.

241 F.2d 781 (1957)

MILLER HARNESS CO., Inc., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 4, 1957.

Attorney(s) appearing for the Case

Kaplan, Axelrod & Jaffe, New York City (Bernard Jaffe, New York City, of counsel), for plaintiff-appellant.

Paul W. Williams, U. S. Atty., for the Southern District of New York, New York City (Earl J. McHugh, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and J. JOSEPH SMITH, District Judge.

MEDINA, Circuit Judge.

Appellant, a well-known dealer in riding equipment, purchased certain government surplus property described in the "Invitation for Bids" issued by the Property Disposal Office of the United States Army at Jeffersonville, Indiana, as "sets" of parts for the McClellan cavalry saddle. Upon delivery appellant discovered that it had not received the stirrup straps and stirrup irons it thought were included in the "sets" referred to in the "Invitation...

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