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WOODBURY GRANITE CO. v. UNITED STATES

No. 44386.

59 F.Supp. 150 (1945)

WOODBURY GRANITE CO. v. UNITED STATES.

Court of Claims.

March 5, 1945.

Attorney(s) appearing for the Case

Fred B. Rhodes, of Washington, D. C., for plaintiff.

J. R. Wilheim, of Washington, D. C., and Francis M. Shea, Asst. Atty. Gen. (George E. Heidlebaugh, of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

WHALEY, Chief Justice.

The facts in this case have been stipulated and are adopted by the Court as its special findings of fact.

It appears from the facts that there is due from the defendant $350 representing increased costs of performance due to enactment of the National Industrial Recovery Act, 48 Stat. 195. The right of recovery is statutory, Act of June 25, 1938, 52 Stat. 1197, 41 U.S.C.A. § 28 note.

The sole defense is nul tiel corporation...

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