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FRITZ-RUMER-COOKE CO. v. UNITED STATES

No. 13848.

279 F.2d 200 (1960)

FRITZ-RUMER-COOKE CO., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

June 8, 1960.

Attorney(s) appearing for the Case

Richard Theodore Boehm (of Boehm & Rance), Columbus, Ohio, for appellant.

Thomas S. Schattenfield Asst. U. S. Atty., Columbus, Ohio (Hugh K. Martin, U. S. Atty., Gerald L. Stanley, Asst. U. S. Attys., Columbus, Ohio, on the brief), for appellee.

Before McALLISTER, Chief Judge, MILLER, Circuit Judge, and BROOKS, District Judge.

BROOKS, District Judge.

This is an appeal from an order dismissing appellant's complaint for failure to state a cause of action.

The complaint alleges that the appellant, the Fritz-Rumer-Cooke Company, entered into a contract with the Atomic Energy Commission through its agent, Goodyear Atomic Corporation, on behalf of the appellee, United States of America, covering the removal and loading of certain railroad tracks...

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