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SARKES TARZIAN, INC. v. UNITED STATES

No. IP 54-C-11.

159 F.Supp. 253 (1958)

SARKES TARZIAN, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. Indiana, Indianapolis Division.

February 6, 1958.

Attorney(s) appearing for the Case

Dutton & Kappes, C. B. Dutton, Ross, McCord, Ice & Miller, Wesley A. Dierberger and Merle H. Miller, Indianapolis, Ind., for plaintiff.

Don A. Tabbert, U. S. Atty., Indianapolis, Ind., Charles K. Rice, Asst. Atty. Gen., Harlan Pomeroy, and James P. Garland, Attys., Dept. of Justice, Washington, D. C., for defendant.

HOLDER, District Judge.

The action was commenced in this court on October 4, 1954. A summary judgment was granted the plaintiff May 3, 1956. Sarkes Tarzian, Inc., v. United States of America, D.C., 140 F.Supp. 863. It was reversed on appeal for the reason that there was a fact question not determinable in summary judgment proceedings. Sarkes Tarzian, Inc., v. United States of America, 7 Cir., 240 F.2d 467

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