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SYLVAN CREST SAND & GRAVEL CO. v. UNITED STATES

No. 345.

150 F.2d 642 (1945)

SYLVAN CREST SAND & GRAVEL CO. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 30, 1945.

Attorney(s) appearing for the Case

David R. Lessler, of Bridgeport, Conn., for appellant.

Robert P. Butler, U. S. Atty., of Hartford, Conn. (Milton Nahum, Asst. U. S. Atty., of Hartford, Conn., of counsel), for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an action for damages for breach of four alleged contracts under each of which the plaintiff was to deliver trap rock to an airport project "as required" and in accordance with delivery instructions to be given by the defendant. The breach alleged was the defendant's refusal to request or accept delivery within a reasonable time after the date of the contracts, thereby depriving the plaintiff...

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