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UNITED STATES v. AERODEX, INC.

No. 71-2801.

469 F.2d 1003 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. AERODEX, INC., et al., Defendants-Appellants, and Hermann Waker, Jr., Defendant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 26, 1973.

Attorney(s) appearing for the Case

Laurence A. Schroeder, Miami, Fla., for Aerodex & Tonks.

Walters, Moore & Costanzo, David W. Walters, Miami, Fla., for Crawford.

Robert W. Rust, U. S. Atty., Miami, Fla., L. Stanley Paige, Chief Frauds Section, Civil Div., Dept. of Justice, Walter H. Fleischer, Michael H. Stein, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before PHILLIPS, THORNBERRY and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This case is about aircraft engine bearings. In 1962 Aerodex, Inc. contracted to sell certain aircraft parts to the Navy Department. Three hundred master rod bearings for the Curtiss-Wright R1820 engine were included in the sale. The bearings delivered were not those specified in the contract. The district court, 327 F.Supp. 1027, held that the invoices submitted by Aerodex for payment for these bearings...

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