UNITED STATES v. ZENITH-GODLEY COMPANY

Nos. 334-341, Dockets 26280-26287.

295 F.2d 634 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. ZENITH-GODLEY COMPANY, Inc.; J. R. Kramer, Inc.; Carl Ahlers, Incorporated; S & W Waldbaum, Incorporated; Dari-Best Butter Company, Incorporated; Llewellyn Watts, Jr., Llewellyn Watts, III, d/b/a Watts & Sons; and Francis E. Walton, Thomas G. Corcoran, John Hunter Walton, Henry A. Walton and Elmer J. Reilly, d/b/a Hunter, Walton and Co., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 30, 1961.


Attorney(s) appearing for the Case

Justin N. Feldman, Lawrence H. Reilly, Jr., George J. Solomon, New York City (Paul R. Frank, New York City, of counsel), for appellants.

Marvin C. Taylor, Special Litigation Counsel, Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., Morton Hollander, Chief, Appellate Section, Department of Justice, Washington, D. C., for appellee.

Before WATERMAN, MOORE and SMITH, Circuit Judges.


PER CURIAM.

The United States brought eight separate actions in the United States District Court for the Southern District of New York, seeking to recover from each of the eight appellants money paid to them for butter inventory by Commodity Credit Corporation, an instrumentality of the plaintiff. The Government claimed that these payments were made without authority. The eight actions were consolidated into one, a motion for summary judgment by the United States...

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