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KAMEN SOAP PRODUCTS COMPANY v. UNITED STATES

No. 49543.

124 F.Supp. 608 (1954)

KAMEN SOAP PRODUCTS COMPANY, Inc., v. The UNITED STATES.

United States Court of Claims.

October 5, 1954.

Attorney(s) appearing for the Case

Robert Martin, Washington, D. C., for plaintiff. Marx Leva and Fowler, Leva, Hawes & Symington, Washington, D. C., were on the brief.

Bruce G. Sundlun and Mary K. Fagan, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

JONES, Chief Judge.

On May 28, 1947, the plaintiff entered into a contract with the Quartermaster Corps of the United States Army to furnish a specified amount of powdered laundry soap. It alleges that the defendant breached the contract in failing to supply shipping instructions, thus preventing it from accelerating delivery.

The defendant filed a special plea in fraud. At the trial the evidence was limited to the issues raised by the special plea and that...

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