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UNITED STATES v. CENTERLINE GARDENS

Nos. 13268, 13269.

253 F.2d 133 (1958)

UNITED STATES, for the use of GENERAL ELECTRIC DISTRIBUTING CORPORATION, Appellant, v. CENTERLINE GARDENS, Inc., Appellee. GENERAL ELECTRIC DISTRIBUTING CORPORATION, Appellant, v. CENTERLINE GARDENS, Inc., Appellee.

United States Court of Appeals Sixth Circuit.

February 26, 1958.

Attorney(s) appearing for the Case

Stanley Lawton, Indianapolis, Ind., George B. Gavit, Indianapolis, Ind., of counsel, Ross, McCord, Ice & Miller, Indianapolis, Ind., Dickinson, Wright, Davis, McKean & Cudlip, Detroit, Mich., on the brief, for appellant.

Brian Sullivan, Detroit, Mich., Thomas L. Munson, Detroit, Mich., of counsel, Dykema, Jones, Wheat, Spencer & Goodnow, Detroit, Mich., on the brief, for appellee.

Before ALLEN, MARTIN, and McALLISTER, Circuit Judges.

MARTIN, Circuit Judge.

The United States District Court dismissed these consolidated actions for failure to state a claim upon which relief could be granted. The appeals are from the orders of dismissal.

The issue presented is whether the Miller Act [40 U.S.C.A. §§ 270a-270e] applies to a lease of land under the Wherry Act [12 U.S.C.A. § 1748d] by the United States to a private corporation, for a term...

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