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UNITED STATES v. MOORE

No. 73-2951.

497 F.2d 976 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas W. MOORE, Jr., Assignee for Benefit of Creditors of Emsco Screen Pipe Company of Texas, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 26, 1974.

Attorney(s) appearing for the Case

Thomas Osa Harris, Houston, Tex., for defendants-appellants.

Hellen M. Eversberg, Asst. U. S. Atty., Houston, Tex., Roger Wesley, Kathryn H. Baldwin, General Claims Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before JONES, THORNBERRY and COLEMAN, Circuit Judges.

JONES, Circuit Judge.

The facts from which this controversy arose were stipulated. In June, 1966, Emsco Screen Pipe Company of Texas entered into separate contracts with the Department of the Navy, the Department of the Army and the Defense Supply Agency for materials and supplies to be furnished thereafter. Emsco defaulted. The Navy terminated its contract on August 31, 1966. The Army terminated on December 6, 1966, and Defense Supply on October 19, 1966. Emsco made...

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