Loren E. Thompson, D/B/A Parkersburg Die and Tool Company v. United States

Fourth Circuit

Loren E. Thompson, D/B/A Parkersburg Die and Tool Company v. United States

268 F.2d 426, 1959 U.S. App. LEXIS 3574

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 25, 1959

Docket7869_1

StatusPublished

Cited by4 cases

This text of 268 F.2d 426 (Loren E. Thompson, D/B/A Parkersburg Die and Tool Company v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Loren E. Thompson, D/B/A Parkersburg Die and Tool Company v. United States, 268 F.2d 426, 1959 U.S. App. LEXIS 3574 (4th Cir. 1959).

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Opinion

PER CURIAM.

No question of law is presented by this appeal. Though the controlling law is federal, rather than state as assumed below, 1 there is no apparent difference in the governing rules. The sole question is whether the facts require an inference that the United States waived ■ the defaults of its contractor with respect to the contract involved in count 1 of the complaint. That may have been a permissible inference, but the facts as found and recited in the opinion of the *427 District Court 2 do not require it. The factual question was settled by the findings of the District Court which we must accept.

Affirmed.

1

. United States v. Allegheny County, 322 U.S. 174, 183, 64 S.Ct. 908, 88 L.Ed. 1209; S.R.A., Inc. v. State of Minnesota, 327 U.S. 558, 564, 66 S.Ct. 749, 90 L.Ed. 851.

2

. 168 F.Supp. 281.

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PER CURIAM.

No question of law is presented by this appeal. Though the controlling law is federal, rather than state as assumed below, 1 there is no apparent difference in the governing rules. The sole question is whether the facts require an inference that the United States waived ■ the defaults of its contractor with respect to the contract involved in count 1 of the complaint. That may have been a permissible inference, but the facts as found and recited in the opinion of the *427 District Court 2 do not require it. The factual question was settled by the findings of the District Court which we must accept.

Affirmed.

1

. United States v. Allegheny County, 322 U.S. 174, 183, 64 S.Ct. 908, 88 L.Ed. 1209; S.R.A., Inc. v. State of Minnesota, 327 U.S. 558, 564, 66 S.Ct. 749, 90 L.Ed. 851.

2

. 168 F.Supp. 281.

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268 F.2d 426, 1959 U.S. App. LEXIS 3574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loren-e-thompson-dba-parkersburg-die-and-tool-company-v-united-states-ca4-1959.

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