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UNITED STATES v. HAMMER CONTRACTING CORPORATION

No. 261, Docket 28534.

331 F.2d 173 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. HAMMER CONTRACTING CORPORATION and Aetna Insurance Company, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 20, 1964.

Attorney(s) appearing for the Case

Morton Hollander, Atty. Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Joseph P. Hoey, U. S. Atty. for Eastern District of New York and John C. Eldridge, Attorney, Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellee.

Bennett Frankel, New York City (Cowan, Liebowitz & Latman, New York City, on the brief), for defendants-appellants.

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

MARSHALL, Circuit Judge.

This action, brought by the United States of America pursuant to 28 U.S. C.A. § 1345, sought $4,565.32 plus interest for a breach of contract pursuant to which defendant Hammer Contracting Corporation (Hammer) agreed to perform certain landscaping work at the Veterans Administration Hospital in Brockton, Massachusetts. Under the contract, entered into in September, 1954, Hammer agreed to do all...

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