Court of Claims, 1942

Fulton Market Cold Storage Co. v. United States

Fulton Market Cold Storage Co. v. United States
Court of Claims · Decided March 2, 1942
95 Ct. Cl. 710; 43 F. Supp. 485; 28 A.F.T.R. (P-H) 1431; 1942 U.S. Ct. Cl. LEXIS 114

Counsel

Mr. Walter W. Ahrens for tbe plaintiff. Messrs. John J. Mickey and James E. Polk were on tbe briefs., Mr. James K. Polk for Consolidated Edison Company ■of New York, Inc., as amious curiae. My. Robert E. Goulson was on the brief., Mr. Hubert L. Will, with whom was Mr. Assistant Attorney General Samuel 0. Olark, Jr., for the defendant. Messrs. Robert N‘. Anderson, Fred E. Dyar and George H. Foster were on the brief.

Fulton Market Cold Storage Co. v. United States

Opinion of the Court

*717Opinion

per curiam,:

The material facts in this case are substantially the same as the facts in St. Louis Refrigerating & Cold Storage Company, No. 43110, decided this day. The question presented is the same.

Upon the facts disclosed and for the reasons set forth in St. Louis Refrigerating & Cold Storage Company v. The United States, supra, the court is of the opinion that the plaintiff is not entitled to recover, and the petition is therefore dismissed.

It is so ordered.

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