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UNITED STATES v. FRANKLIN STEEL PRODUCTS, INC.

No. 71-2428.

482 F.2d 400 (1973)

UNITED STATES of America, Appellant, v. FRANKLIN STEEL PRODUCTS, INC., Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 10, 1973.

Attorney(s) appearing for the Case

Michael H. Stein (argued), L. Patrick Gray, III, Asst. Atty. Gen., Washington, D. C., Wm. Mathew Bryne, Jr., Robert L. Meyer, U. S. Attys., Larry L. Dier, Asst. U. S. Atty., Los Angeles, Cal., Walter H. Fleischer, Civil Div., Dept. of Justice, Washington, D. C., for appellant.

Albert A. Dorn (argued), Los Angeles, Cal., for appellee.

Before HAMLIN and CHOY, Circuit Judges, and SKOPIL, District Judge.

CHOY, Circuit Judge:

The United States sued under 28 U.S. C. § 1345 to recover the contract price plus consequential damages from Franklin Steel Products, Inc. (Franklin) for breach of express warranty to provide aircraft engine bearings which conformed to contract specifications. After a non-jury trial, the district court entered judgment for Franklin. We reverse.

In 1962 Franklin entered into two contracts to furnish the Aviation Supply Office of the...

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