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KENT v. UNITED STATES

No. 211, Docket 29050.

343 F.2d 349 (1965)

Sidney KENT, doing business as Dorald Engineering Company, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 30, 1965.

Attorney(s) appearing for the Case

I. Ben Greenman, New York City, for plaintiff-appellant.

John R. Horan, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., Robert E. Kushner, Asst. U. S. Atty., Southern District of New York, on the brief), for defendant-appellee.

Before FRIENDLY and SMITH, Circuit Judges, and BLUMENFELD, District Judge.

BLUMENFELD, District Judge:

Sidney Kent, d/b/a Dorald Engineering Co., moved in the United States District Court for the Southern District of New York for summary judgment on his claim for extra expenses resulting from government-caused delays in his performance of a construction contract for the Government. The District Court held that the contract was not breached by the Government, denied the plaintiff's motion, and granted summary judgment for the defendant. We...

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