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GARGARO v. UNITED STATES

No. 47677.

86 F.Supp. 840 (1949)

GARGARO v. UNITED STATES.

United States Court of Claims.

November 7, 1949.

Attorney(s) appearing for the Case

Burr Tracy Ansell, Washington, D. C., George H. Klein, Ethan C. Prewitt, and Clark, Klein, Brucker & Waples, Detroit, Mich., were on the brief, for plaintiff.

Joseph H. Sheppard, Washington, D. C., with whom was Theron Lamar Caudle, Asst. Atty. Gen., Andrew D. Sharpe, Washington, D. C., was on the brief, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

MADDEN, Judge.

This case was before us on the Government's demurrer to the plaintiff's petition. We overruled the demurrer, deciding that the petition stated facts which, assuming them to be true, entitled the plaintiff to recover. Gargaro v. United States, 73 F.Supp. 973, 109 C. Cl. 528, 529.1 The parties thereupon agreed upon a statement of facts, which we have adopted as our findings. These facts...

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