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UNITED STATES v. BUSH CONSTRUCTION CO.

Civ. No. 16085.

176 F.Supp. 524 (1959)

UNITED STATES of America v. BUSH CONSTRUCTION CO., Inc., Defendant.

United States District Court E. D. New York.

June 30, 1959.

Attorney(s) appearing for the Case

Cullen & Dykman, Brooklyn, N. Y., by John B. Bennett, Brooklyn, N. Y., of counsel, for defendant for the motion.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., by Stanley F. Krysa, Washington, D. C., of counsel, for the Government, in opposition.

RAYFIEL, District Judge.

The defendant moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The facts have been stipulated. They are as follows:

On December 8, 1944, the defendant and Arthur Platten, doing business as Trailer Transport Co., hereinafter referred to as Platten, entered into a contract wherein Platten was to transport certain house sections and...

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