UNITED STATES v. CENTER

No. 16314.

244 F.2d 207 (1957)

UNITED STATES of America, Appellant-Appellee, v. David CENTER et al., Appellees-Appellants. David CENTER et al., Appellees-Appellants v. UNITED STATES of America, Appellant-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 29, 1957.


Attorney(s) appearing for the Case

Charles D. Read, Jr., Asst. U. S. Atty., James W. Dorsey, U. S. Atty., Atlanta, Ga., for appellants.

James M. Roberts, Cohen, Roberts & Kohler, Atlanta, Ga., for appellees.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

The United States appeals from a judgment of the trial court sitting without a jury in a suit brought by it for the recovery of a balance alleged to be due from the sale of aluminum products by the War Assets Administration. The basis of the Government's appeal is that the trial court allowed a reduction in the amount of the Government's recovery by reason of two alleged breaches of other contracts by which the War Assets Administration agreed...

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