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THOMPSON v. UNITED STATES

No. 7869.

268 F.2d 426 (1959)

Loren E. THOMPSON, d/b/a Parkersburg Die and Tool Company, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 25, 1959.

Attorney(s) appearing for the Case

Lawrence M. Ronning and Robert Evans Stealey, Parkersburg, W. Va. (Ronning & Bailey, and McCluer, Davis, McDougle, Stealey & Morris, Parkersburg, W. Va., on brief), for appellant.

Albert M. Morgan, U. S. Atty., Morgantown, W. Va. (Robert J. Schleuss, Asst. U. S. Atty., Fairmont, W. Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and THOMSEN, District Judge.

PER CURIAM.

No question of law is presented by this appeal. Though the controlling law is federal, rather than state as assumed below,1 there is no apparent difference in the governing rules. The sole question is whether the facts require an inference that the United States waived the defaults of its contractor with respect to the contract involved in count 1 of the complaint. That may have been a permissible inference, but the facts as...

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