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UNITED STATES v. EMONS INDUSTRIES, INC.

No. 73 Civ. 1523.

406 F.Supp. 355 (1976)

UNITED STATES of America, Plaintiff, v. EMONS INDUSTRIES, INC., (formerly Amfre-Grant, Inc.) and E. Tosse & Co., Inc., Defendants.

United States District Court, S. D. New York.

January 12, 1976.

Attorney(s) appearing for the Case

Thomas J. Cahill, U. S. Atty., S.D. N.Y., Patrick H. Barth, Asst. U. S. Atty., New York City, for plaintiff.

Weiss, Rothfarb, Kaminsky & Slade, New York City, for defendants; Melvin S. Slade, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

The Agency for International Development (A.I.D.) brought this suit to recover $94,031.99, which it paid to Emons Industries, Inc. and E. Tosse & Co., Inc., (colloquially Emons) on various dates in 1966. Count one alleges that the defendants, exporters of medicinal drugs, breached sales contracts with Vietnamese importers by failing to comply with contract provisions regarding...

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