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BEACONWEAR CLOTHING COMPANY v. UNITED STATES

No. 226-59.

355 F.2d 583 (1966)

BEACONWEAR CLOTHING COMPANY, a Partnership Composed of Lawrence R. Nasher, and Joseph S. Nasher, Copartners, to the Use and Benefit of the Amalgamated Bank of New York, v. The UNITED STATES. The AMALGAMATED BANK OF NEW YORK, Third-Party Plaintiff, v. The UNITED STATES. Joseph SPIOTTA, t/a Spiotta & Co., Third-Party Plaintiff v. The UNITED STATES.

United States Court of Claims.

January 21, 1966.

Attorney(s) appearing for the Case

Edwin J. McDermott, Philadelphia, Pa., for plaintiffs.

Mary J. Turner, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges.

COWEN, Chief Judge, delivered the opinion of the court:

This is a suit on a Government contract brought by Beaconwear Clothing Company, a nominal plaintiff which is no longer in business, to the use and benefit of The Amalgamated Bank of New York, which disavows any financial interest in the action. The Bank has filed a third-party petition by reason of the fact that it is the record assignee from Beaconwear, the contractor, of all proceeds on the contract in question...

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