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UNITED STATES v. HOFFMAN

Civ. No. 60-C-597.

219 F.Supp. 895 (1963)

UNITED STATES of America, Plaintiff, v. Stephen L. HOFFMAN, Defendant.

United States District Court E. D. New York.

June 24, 1963.

Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty. for Eastern Dist. of New York, for plaintiff; Martin R. Pollner, Asst. U. S. Atty., of counsel.

Brower, Brill & Gangel, New York City, for defendant; Irvin Husin, New York City, of counsel.

ZAVATT, Chief Judge.

This is an action to recover the sum of $15,296 plus interest allegedly due from the defendant as the unpaid balance on a contract to purchase Government surplus leather jackets, dated July 21, 1954. In addition to a general denial, the defendant pleads three affirmative defenses, two of which are also pleaded as setoffs. The first affirmative defense alleges (1) a breach of warranty by the auctioneers, as agents of the plaintiff, by means of...

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