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GARDINER MANUFACTURING CO. v. UNITED STATES

No. 26657.

479 F.2d 39 (1973)

GARDINER MANUFACTURING CO., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 29, 1973.

Attorney(s) appearing for the Case

Richard Harrington (argued), Athearn, Chandler & Hoffman, San Francisco, Cal., for plaintiff-appellant.

Walter H. Fleischer (argued), L. Patrick Gray, III, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., Daniel Joseph, Robert V. Zener, Morton Hollander, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before HAMLIN, DUNIWAY and GOODWIN, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge.

On January 7, 1965, Gardiner Manufacturing Company delivered 18 steel tackle blocks to the United States pursuant to Gardiner's subcontract with Orbit Industries, Inc. Orbit, the prime contractor, paid for the blocks with a check which was dishonored on January 18. Orbit subsequently went bankrupt, and Gardiner instituted this action against the United States to recover the value of the blocks. The district court held for...

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