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ALLIED PAINT & COLOR WORKS, INC. v. UNITED STATES

No. 202, Docket 27236.

309 F.2d 133 (1962)

ALLIED PAINT & COLOR WORKS, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 29, 1962.

Attorney(s) appearing for the Case

Lewis, MacDonald & Varian, New York City (Robert D. Witte, Maurice J. Gilchrist, Jr., New York City, of counsel), for plaintiff-appellant.

Eugene R. Anderson, New York City, William H. Orrick, Jr., Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty., S.D. N.Y., John G. Laughlin, John C. Eldridge, Attys., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before LUMBARD, Chief Judge, and SWAN and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

Appellant, a paint contractor, brought the present action against the United States in the U. S. District Court for the Southern District of New York for breach of contract, alleging that the Government failed to deliver a certain quantity of phosphorescent paint which it was the Government's duty to furnish under the contract. This is an appeal from the order of the district court dismissing appellant's complaint. We affirm the court below...

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