UNITED STATES of America, Appellant,
v.
JOHN McSHAIN, INC., Appellee.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 18, 1960.
Decided March 2, 1961.
Attorney(s) appearing for the Case
Mr. George S. Leonard, First Asst., Civil Division, Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub and Mr. Oliver Gasch, U. S. Atty., were on the brief, for appellant. Mr. Alan S. Rosenthal, Atty., Dept. of Justice, also entered an appearance for appellant.
Mr. Roger Robb, Washington, D. C., with whom Mr. Kenneth Wells Parkinson, Washington, D. C., was on the brief, for appellee.
Before MAGRUDER, Senior United States Circuit Judge for the First Circuit, and PRETTYMAN and WASHINGTON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
PER CURIAM.
This is a sequel to our decision in United States v. John McShain, Inc., 103 U.S.App.D.C. 328, 258 F.2d 422, certiorari denied 1958, 358 U.S. 832, 79 S.Ct. 52, 3 L.Ed.2d 70. We there decided that it was error to dismiss the complaint of the United States, seeking damages for alleged breach of a construction contract, at the close of the Government's case, since its evidence indicated prima facie that a contract...
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