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UNITED STATES v. HATHAWAY

No. 15269.

242 F.2d 897 (1957)

UNITED STATES of America, Appellant, v. F. C. HATHAWAY, Appellee.

United States Court of Appeals Ninth Circuit.

March 26, 1957.

Attorney(s) appearing for the Case

Walter J. Cosgrave, Maguire, Shields, Morrison & Bailey, Portland, Or., for appellant.

C. E. Luckey, U. S. Atty., Victor E. Harr, Asst. U. S. Atty., Portland, Or., George C. Doub, Melvin Richter, Bernard Cedarbaum, Washington, D. C., for appellee.

Before HEALY, CHAMBERS and BARNES, Circuit Judges.

BARNES, Circuit Judge.

Appellee, F. C. Hathaway, brought this action in the District Court under the Tucker Act1 to recover $10,000 in damages from the United States for alleged breach of a contract of sale, as modified, and to have the contract reformed by reducing the purchase price by one-half.2 The United States denied breach; challenged plaintiff's right to "reformation...

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