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NORTH AMERICAN IRON & STEEL CO. v. UNITED STATES

Civ. No. 14989.

130 F.Supp. 723 (1955)

NORTH AMERICAN IRON & STEEL CO., Incorporated, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

April 14, 1955.

Attorney(s) appearing for the Case

Max E. Greenberg, New York City, for plaintiff, Emanuel Harris, New York City, of counsel.

Leonard P. Moore, U. S. Atty., Eastern Dist. of N. Y., New York City, for defendant, William C. Gordon, Asst. U. S. Atty., New York City, of counsel.

BRUCHHAUSEN, District Judge.

Motion by the defendant, United States of America, under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for dismissal of the complaint upon the principal ground that it fails to state a claim. Inasmuch as both parties have presented matters outside of the pleadings, by way of affidavits, the motion is treated as a motion for summary judgment, as permitted by the said rule.

The action is for damages for breach...

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