UNITED STATES v. NEW ENGLAND COAL AND COKE COMPANY

Civ. A. No. 60-325-S.

228 F.Supp. 414 (1962)

UNITED STATES of America, Plaintiff, v. NEW ENGLAND COAL AND COKE COMPANY, A Corporation, Defendant.

United States District Court D. Massachusetts.

September 20, 1962.


Attorney(s) appearing for the Case

W. Arthur Garrity, Jr., U. S. Atty., John J. Curtin, Jr., Asst. U. S. Atty., Boston, Mass., for plaintiff.

James S. Eastham, Francis J. Vaas, Ropes & Gray, Boston, Mass., for defendant.


SWEENEY, Chief Justice.

This action was brought under Section 2 of the Walsh-Healey Public Contracts Act, 41 U.S.C. § 36, to recover sums of money claimed to be due to the United States by reason of alleged violations of certain representations and stipulations contained in contracts between the plaintiff and defendant for the supply of coal.

When the complaint was filed, there were still pending administrative proceedings, contemplated by the Act, for...

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