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UNITED STATES v. HAMDEN CO-OPERATIVE CREAMERY CO.

Civ. 16158.

185 F.Supp. 541 (1960)

UNITED STATES of America, Plaintiff, v. HAMDEN CO-OPERATIVE CREAMERY COMPANY, Inc., Defendant.

United States District Court E. D. New York.

July 25, 1960.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. New York, Brooklyn, N. Y., for plaintiff; Irving L. Innerfield, Asst. U. S. Atty., New York City, of counsel.

O'Brien & Kelly, Brooklyn, N. Y., for defendant; John D. Kelly, Brooklyn, N. Y., of counsel.

BARTELS, District Judge.

This is an action by the Government (as sole stockholder of Commodity Credit Corporation [CCC]) pursuant to 15 U.S.C.A. § 714 et seq. and 28 U.S.C.A. § 1345, seeking $12,386.60 damages for breach of an implied warranty in connection with six contracts for the sale of 3,460 drums of powdered milk (671,664 pounds) entered into between CCC as purchaser and Hamden Co-Operative Creamery Co. Inc. [Hamden] as seller. The damages are based...

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