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1918, July 1, 40 Stat. 704, 705, 717, 720, 722, 738-Continued. Simon R. Curtis____.

Page

186

New River Collieries Co. et al__.

205

321

712

579

Tignor

Shields__.

1918, July 9, 40 Stat. 845, 850, Lamport Mfg. Supply Co‒‒‒‒‒‒‒‒ 1919, February 24, 40 Stat. 1057, 1058, 1066, 1067, 1069, 1070, 1075-1077, 1089, 1090, 1092, 1096, 1097, 1104, 1121, 1122, 1126:

California Wine Association____

Stewart Electric Co----

Fourth & Central Trust Co., executor.

Union Land & Timber Co---

Metropolitan Life Ins. Co‒‒‒‒‒

Cole Storage Battery Co.‒‒‒‒
Lincoln, administrator_

Hoffman, Inc

7

21

96

129

149

164

198

238

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1919, February 28, 40 Stat. 1202, 1203, Corkery__.

1919, March 2, 40 Stat. 1272, 1273:

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1919, July 11, 41 Stat. 104, Lamport Mfg. Supply Co-‒‒‒‒‒‒ 1919, October 28, 41 Stat. 305, California Wine Association___. 1919, December 24, 41 Stat. 384, Harte_-_.

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1920, June 3, 41 Stat. 738, Yankton Sioux Tribe__-

427

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1925, January 9, 43 Stat. 730, Yankton Sioux Tribe--

1925, February, 24, 43 Stat. 964, Rhode Island__.

1926, February 26, 44 Stat. 9, 85, 92:

Hardware Underwriters et al.

Aldine Club

754

427

690

267

315

749

Rouse, executor

REVISED STATUTES

Section 1261, DuBose, administrator_.
Section 1262, DuBose, administrator__
Section 1263, DuBose, administrator_.
Section 1267, DuBose, administrator..
Section 1453, DuBose, administrator_
Section 1466, DuBose, administrator.

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Section 177, New York Central R. R. Co., lessee__.

115

CASES, DECIDED

IN

THE COURT OF CLAIMS

FEBRUARY 20, 1928 (IN PARTY
TO AND INCLUDING MAY 31, 1928

KESSLER MOTOR COMPANY v. THE UNITED

STATES

[No. E-219]

On the Proofs

Contracts; experimental work continuing to date of cancellation; recovery of expenses.-Where Government contracts involving experimental work in the manufacture of airplane engines provide for deliveries on certain dates, and both parties down to the date of cancellation disregard the dates of delivery and treat the contracts as continuing, the contractor is entitled to the sum expended by it with the consent and approval of the Government in the construction and production of the articles named.

The Reporter's statement of the case:

Messrs. William S. McDowell and Ashby Williams for the plaintiff.

Mr. Alexander H. McCormick, with whom was Mr. Assistant Attorney General Herman J. Galloway, for the defendant. Mr. James J. Lenihan for defendant on the second trial.

Decided June 6, 1927. Motion for new trial allowed March 5, 1928. On the second trial judgment was, on June 18, 1928, entered for the original amount and the findings of fact and opinion theretofore filed were allowed to stand.

I. The plaintiff is a corporation duly organized and existing under the laws of the State of Colorado, having its principal office and place of business in the city of Detroit,

358-28c C-VOL. 65-1

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