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UNITED STATES v. JOHN McSHAIN, INC.

No. 14084.

258 F.2d 422 (1958)

UNITED STATES, Appellant, v. JOHN McSHAIN, Inc., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 8, 1958.

Petition for Rehearing Denied June 10, 1958.

Certiorari Denied October 13, 1958.

Attorney(s) appearing for the Case

Mr. George S. Leonard, Washington, D. C., with whom Asst. Atty. Gen. George C. Doub, Mr. Oliver Gasch, U. S. Atty., and Messrs. Paul A. Sweeney, Hershel Shanks and Samuel D. Slade, Attys., Dept. of Justice, were on the brief, for appellant. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellant.

Mr. Charles B. Murray, Washington, D. C., with whom Mr. George F. Shea, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN and WASHINGTON, Circuit Judges, and MADDEN, Judge, United States Court of Claims.

Certiorari Denied October 13, 1958. See 79 S.Ct. 52.

MADDEN, Judge.

This is an appeal from a judgment of the District Court for the District of Columbia, dismissing the plaintiff's suit for breach of contract, brought pursuant to 28 U.S.C. § 1345. The Government was the plaintiff. At the close of its case the defendant moved to dismiss the action on the ground that no contract had been proved. The motion was granted and a judgment of dismissal was entered...

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