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KLEBE v. UNITED STATES

No. 78.

263 U.S. 188 (1923)

44 S.Ct. 58

68 L.Ed. 244

KLEBE ET AL., COPARTNERS, TRADING AS L. KLEBE & COMPANY, v. UNITED STATES.

Supreme Court of United States.

Decided November 12, 1923.

Attorney(s) appearing for the Case

Mr. Daniel C. Donoghue for appellants.

Mr. Assistant Attorney General Ottinger, with whom Mr. Solicitor General Beck and Mr. Charles H. Weston, Special Assistant to the Attorney General, were on the brief, for the United States.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

Appellants, plaintiffs below, were the owners of a traction steam shovel, which they leased to the Bates & Rogers Construction Company for $25 per day. At the time of the lease and prior thereto the Construction Company was engaged, under contract, in certain work for the United States for which the shovel was procured and used. Article II, paragraph (c) of the contract under which the work was done provided...

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