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BERTMAN v. J.A. KIRSCH CO.

No. 1035.

377 U.S. 995 (1964)

BERTMAN, DOING BUSINESS AS BERTMAN FOOD PRODUCTS, v. J.A. KIRSCH CO.

Supreme Court of United States.

June 22, 1964.

Attorney(s) appearing for the Case

Leonard Feldman for petitioner. Richard J. Burke and Myron L. Shapiro for respondent.

Certiorari denied.

MR. JUSTICE BLACK, with whom Mr. JUSTICE DOUGLAS and MR. JUSTICE GOLDBERG join, dissenting from the denial of certiorari.

The United States Contracted with Bertman, the petitioner here, for the delivery of imported tomato paste. Bertman in turn contracted with J.A. Kirsch Co. to supply the paste. After the United States had taken delivery, it claimed that the paste was spoiled, and it sued Bertman for breach of contract. In addition to defending...

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