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RUMSEY MFG. CORP. v. U. S. HOFFMAN MACH. CORP.

Civ. A. No. 3346.

88 F.Supp. 394 (1949)

RUMSEY MFG. CORPORATION et al. v. U. S. HOFFMAN MACHINERY CORPORATION.

United States District Court W. D. New York.

Findings of Fact and Conclusions of Law December 29, 1949.

Attorney(s) appearing for the Case

Albert Averbach, Seneca Falls, N. Y., and Theodore C. Bonney, Norwich, N. Y., for plaintiff Rumsey Mfg. Corp.

Wiles & Wiles, Syracuse, N. Y., for plaintiff Arthur T. McAvoy, as trustee; Ben Wiles, Syracuse, N. Y., of counsel.

George L. Grobe, U. S. Atty., Buffalo, N. Y., for defendant; R. Norman Kirchgraber, Asst. U. S. Atty., Buffalo, N. Y., of counsel.

KNIGHT, Chief Judge.

In May and June, 1945, the defendant U. S. Hoffman Machinery Corporation (hereinafter called Hoffman) placed with the Rumsey Manufacturing Company (hereinafter called Rumsey) three purchase orders for machining an aggregate of 654,500 so-called adapters. The total price to be paid was $187,500. Rumsey was a subcontractor of Hoffman, the prime contractor with the Navy Department of the United States. These purchase orders were for war materials...

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