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SHEPARD ENGINEERING COMPANY v. UNITED STATES

No. 16551.

289 F.2d 681 (1961)

SHEPARD ENGINEERING COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

May 17, 1961.

Attorney(s) appearing for the Case

Milton Yawitz and Robert H. Batts, St. Louis, Mo., for appellant.

W. Francis Murrell, Asst. U. S. Atty., and William H. Webster, U. S. Atty., St. Louis, Mo., for appellee.

Before WOODROUGH, VAN OOSTERHOUT and MATTHES, Circuit Judges.

PER CURIAM.

Appellant has filed a petition for rehearing, urging that we have overlooked a controlling principle of law, application of which would require reversal of the judgment appealed from. More specifically, the claim is advanced that even if title to the subject property had passed to the Government, within the meaning of the partial payments clause, it is estopped to assert title, inasmuch as it had invested Diamond...

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