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UNITED STATES v. SEABOARD MACHINERY CORPORATION

No. 17238.

270 F.2d 817 (1959)

UNITED STATES of America, Intervenor, Appellant, v. SEABOARD MACHINERY CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 25, 1959.

Attorney(s) appearing for the Case

Wilfred C. Varn, U. S. Atty., Tallahassee, Fla., Morton Hollander, William A. Klein, Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., for appellant.

Leo L. Foster, Millard F. Caldwell, Tallahassee, Fla., Bert B. Rand, Washington, D. C., Caldwell, Parker, Foster, Madigan, Oven & Moriarty, Tallahassee, Fla., Charles M. Trammell, Hans A. Nathan, Washington, D. C., for appellee.

Before RIVES, Chief Judge, TUTTLE, Circuit Judge, and SIMPSON, District Judge.

TUTTLE, Circuit Judge.

On December 14, 1951 Seaboard Machinery Corporation and the United States entered into a contract under which the United States leased to Seaboard specified equipment to be used at the shipyard of Seaboard in its plant at Panama City, Florida. This contract was denominated an "Equipment Lease." It provided for an annual rental payment of $9,074.79, later increased by $421.75 per year for additional...

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