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UNITED STATES v. FRANK

223 F.Supp. 313 (1963)

UNITED STATES of America, Plaintiff, v. Mark Kenneth FRANK, d/b/a M. K. Frank Iron and Steel Products Co., Defendant.

United States District Court S. D. New York.

April 17, 1963.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Anthony J. D'Auria and Robert E. Kushner, Asst. U. S. Attys., of counsel, for United States of America.

Milton B. Pfeffer, New York City, for defendant.

LEVET, District Judge.

Plaintiff, as assignee of Nickel Processing Corporation of New York, sues to rescind a contract of sale and recover the purchase price of certain splice angle bars. Plaintiff's assignor requested a quotation, defendant entered a bid, a written contract was executed, the goods were delivered, shipped to Cuba and then rejected as not being within the "specifications." Plaintiff now seeks recoupment of the purchase price plus the freight charges...

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