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J. KAHN & CO. v. CLARK

No. 3241.

83 F.Supp. 229 (1949)

J. KAHN & CO., Inc. v. CLARK, Atty. Gen., et al.

United States District Court N. D. Texas, Dallas Division.

March 19, 1949.

Attorney(s) appearing for the Case

Smithdeal & Lefkowitz, of Dallas, Tex., for plaintiff.

Frank B. Potter, U. S. Atty. of Fort Worth, Tex., David Bazelon, Geo. B. Searls, Chief Trial Atty., and Victor R. Taylor, all of Washington, D. C., and Wm. P. Fonville, Asst. U. S. Atty., of Dallas, Tex., for defendant.

ATWELL, Chief Judge.

In 1941, Asahi Menka Shokai, of Japan, contracted with the plaintiff for 2800 bales of cotton. This contract was evidenced by a number of offers and acceptances, each of which had certain requirements. One of those requirements was that the Japanese firm was to give shipping instructions. They did not give any shipping instructions until after the issuance of the freeze order in this country in July, 1941.

In October, 1941, they claimed...

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