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DALTON v. UNITED STATES

Civil No. 85.

38 F.Supp. 476 (1941)

DALTON v. UNITED STATES.

District Court, E. D. New York.

April 25, 1941.

Attorney(s) appearing for the Case

Abram Shlefstein, of Brooklyn, N. Y. (Levy, Kornblum & Katz and Joseph Katz, all of Brooklyn, N. Y., of counsel), for plaintiff.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Mario Pittoni, Asst. U. S. Atty., of Lynbrook, N. Y., of counsel), for defendant.

ABRUZZO, District Judge.

This action seeks to recover a loss allegedly sustained by the plaintiff by reason of a breach of contract on the part of the defendant. It is claimed that the defendant failed to deliver the quantity of merchandise sold by it at an auction sale held November 23, 1932. This action was brought pursuant to the Tucker Act, Title 28 U.S. Code Annotated, Section 41, subdivision 20.

On October 10, 1929, the government instituted a condemnation...

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