UNITED STATES v. MT. VERNON MILL. CO., DIV. OF J. R. SHORT MILL. CO.

No. 14923.

345 F.2d 404 (1965)

UNITED STATES of America, Plaintiff-Appellant, v. MT. VERNON MILLING COMPANY, DIVISION OF J. R. SHORT MILLING COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

April 30, 1965.


Attorney(s) appearing for the Case

Sherman L. Cohn, Martin Jacobs, Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Richard P. Stein, U. S. Atty., for plaintiff-appellant.

Edward R. Adams, Chicago, Ill., Harry P. Dees, Evansville, Ind., for defendant-appellee, Miller, Gorham, Wescott & Adams, Chicago, Ill., Kahn, Dees, Donovan & Kahn, Evansville, Ind., of counsel.

Before DUFFY, KNOCH and KILEY, Circuit Judges.


KNOCH, Circuit Judge.

Plaintiff-appellant, the United States of America, brought this action on behalf of the Commodity Credit Corporation, hereinafter sometimes called "CCC", to recover damages from Mt. Vernon Milling Company, Division of J. R. Short Milling Company, defendant-appellee, due to an alleged breach of the defendant's contract to grind corn owned by the CCC into cornmeal. Plaintiff alleged that the defendant redelivered to CCC cornmeal which was unfit...

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