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SUPERIOR TUBE CO. v. DELAWARE AIRCRAFT INDUSTRIES

Civil Action No. 415.

60 F.Supp. 573 (1945)

SUPERIOR TUBE CO. v. DELAWARE AIRCRAFT INDUSTRIES, Inc.

District Court, D. Delaware.

May 18, 1945.

Attorney(s) appearing for the Case

C. R. Layton, 3rd, of Wilmington, Del. (of Hastings, Stockly and Layton, of Wilmington, Del.), for plaintiff.

Ivan Culbertson, of Wilmington, Del., and Michael F. Donnelly, of Philadelphia, Pa., for defendant.

LEAHY, District Judge.

1. Plaintiff, a Pennsylvania corporation, had 9575 pounds of beryllium copper in the form of billets which were to be manufactured into bourdon tubes. Certain preliminary machining and polishing work had to be performed upon the billets before they could be subjected to further processes of manufacture in plaintiff's plant. As plaintiff was operating at capacity, it was unable to do the preliminary machining and polishing work upon all the billets...

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