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UNITED STATES v. BRAUNSTEIN

75 F.Supp. 137 (1947)

UNITED STATES v. BRAUNSTEIN et al.

District Court, S. D. New York.

December 26, 1947.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (Henry L. Glenn, Asst. U. S. Atty., of New York City, of counsel), for plaintiff.

Wegman, Spark & Burke, of New York City (Richard J. Burke, of New York City, of counsel), for defendant Sidney Braunstein.

MEDINA, District Judge.

The United States has brought suit for breach of a contract whereby defendants, it is said, agreed to buy from it 9599 twenty-five pound boxes of raisins unfit for human consumption which could be converted into alcohol. The parties have stipulated that an interchange of telegrams, hereinafter referred to, constitutes the contract, if there was one, that furnishes the foundation for the suit. Defendant Sidney Braunstein asserts this interchange...

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