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GLIDDEN CO. v. UNITED STATES

Civ. A. 20407.

78 F.Supp. 657 (1946)

GLIDDEN CO. v. UNITED STATES.

District Court, N. D. Ohio, E. D.

February 11, 1946.

Attorney(s) appearing for the Case

John A. Duncan (of M. B. & H. H. Johnson), of Cleveland, Ohio, and Roger Hinds, of New York City, for plaintiff.

Don C. Miller, U. S. Atty., and Francis B. Kavanagh, Asst. U. S. Atty., both of Cleveland, Ohio, for defendant.

WILKIN, District Judge.

This case is determined in favor of the defendant and the claim of the plaintiff dismissed on authority of Durkee Famous Foods, Inc. v. Harrison, 7 Cir., 136 F.2d 303. A sense of propriety dictates that the decision of the Court of Appeals reversing the District Court should now, in the circumstances, be followed by this court. Only some gross error or oversight in that case would justify this court's holding...

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