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COMMODITY CREDIT CORP. v. ROSENBERG BROS. & CO.

No. 14884.

243 F.2d 504 (1957)

COMMODITY CREDIT CORPORATION, Appellant, v. ROSENBERG BROS. & CO., Inc., a Corporation, Appellee. ROSENBERG BROS. & CO., Inc., a Corporation, Appellant, v. COMMODITY CREDIT CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 13, 1957.

Attorney(s) appearing for the Case

Lloyd H. Burke, U. S. Atty., San Francisco, Cal., George Cochran Doub and Warren E. Burger, Asst. Attys. Gen., Carl Eardley and Melvin Richter, Attys., Washington, D. C., for appellant.

Lloyd Dinkelspiel, Edward W. Rosston, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., Melville Ehrlich, Washington, D. C., for appellee.

Before DENMAN, Chief Judge, and McALLISTER and BARNES, Circuit Judges.

McALLISTER, Circuit Judge.

Rosenberg Bros. & Co., Inc., hereinafter called "Rosenberg," sued the Commodity Credit Corporation, hereinafter called "Commodity" or "the government," for breach of contract, and, on a trial before the district court, sitting without a jury, secured a judgment in its favor in the amount of $160,366.88. Both parties appeal, Rosenberg claiming that it is entitled to more; the Commodity Credit Corporation claiming that it is entitled to...

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