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UNITED STATES v. FREDERICK RAFF COMPANY

No. 5564.

271 F.2d 415 (1959)

UNITED STATES of America, for the Use and Benefit of W. J. HALLORAN STEEL ERECTION CO., Plaintiff, Appellant, v. FREDERICK RAFF COMPANY, Inc., et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

November 24, 1959.

Attorney(s) appearing for the Case

Herbert D. Lewis, Boston, Mass., with whom David S. Smith, Boston, Mass., was on brief, for appellant.

Norman B. Silk, Boston, Mass., with whom Edward O. Proctor, Jr., and Ely, Bartlett, Brown & Proctor, Boston, Mass., were on brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

PER CURIAM.

In our view the case at bar is ruled by the decision of the Supreme Court of the United States in MacEvoy Co. v. United States, 1944, 322 U.S. 102, 64 S.Ct. 890, 88 L.Ed. 1163, as construed and applied in United States v. Blount Bros. Const. Co., D.C.Md.1958, 168 F.Supp. 407, and Elmer v. United States F. & G. Co., D.C. S.D.Miss.1959, 174 F.Supp. 437

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