202 F.2d 152: Cumberland Portland Cement Co., a Corporation Formerly Organized Under the Laws of the State of Delaware, and Cumberland Portland Cement Company, a Corporation Organized and Existing Under the Laws of the State of Tennessee, Appellants, v. United States of America, Appellee

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United States Court of Appeals Sixth Circuit. - 202 F.2d 152

February 17, 1953

Appeal from the United States District Court for the Middle District of Tennessee; Elmer D. Davies, Judge.

Bass, Berry & Sims, Nashville, Tenn., for appellants.

Dick L. Johnson, Nashville, Tenn., and Ellis N. Slack, Washington, D. C., for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

PER CURIAM.

1

This case came on to be heard upon the record and briefs and oral argument of counsel;

2

And the court being advised;

3

It is ordered that the judgment, D.C., 101 F.Supp. 577, be and it hereby is affirmed upon the authority of Manning v. Seeley Tube & Box Company, 338 U.S. 561, 70 S. Ct. 386, 94 L.Ed. 346. Cf. Rodgers v. United States, Ct.Cl., 108 F.Supp. 727.