UNITED STATES v. MASSACHUSETTS BONDING & INSURANCE CO.

No. 271, Docket 27348.

303 F.2d 823 (1962)

The UNITED STATES of America for the Use and Benefit of BROWNE & BRYAN LUMBER CO., Inc., Plaintiff-Appellee, v. MASSACHUSETTS BONDING AND INSURANCE COMPANY, Defendant-Appellee, and Ove Gustavsson Contracting Co., Inc., Intervenor-Appellant.

United States Court of Appeals Second Circuit.

Decided June 7, 1962.


Attorney(s) appearing for the Case

William V. Homans, New York City, (Philip G. Fitz, New York City, on the brief), for plaintiff-appellee.

Max J. Le Boyer, Brooklyn, N. Y., for defendant-appellee.

Anthony B. Cataldo, New York City, for intervenor-appellant.

Before MEDINA, SMITH and HAYS, Circuit Judges.


MEDINA, Circuit Judge.

There are two appeals before us. The first involves the merits in an action in effect for goods sold and delivered, with a counterclaim for damages for alleged delay, delivery of defective material and a congeries of miscellaneous subsidiary and related claims. The trial judge granted judgment for the amount agreed to be paid for the goods, less an allowance of $388.50 expended in the replacement of a small amount of damaged lumber; and he dismissed...

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