United States of America, Intervenor v. Seaboard MacHinery Corporation
Court of Appeals for the Fifth Circuit
Simpson, District Judge, dissented.
1Opinion of the Court
TUTTLE, Circuit Judge.
On December 14, 1951 Seaboard Machinery Corporation and the United States entered into a contract under which the United States leased to Seaboard specified equipment to be used at the shipyard of Seaboard in its plant at *818Panama City, Florida. This contract was denominated an “Equipment Lease.” It provided for an annual rental payment of $9,074.79, later increased by $421.75 per year for additional equipment.
Included in the terms of the Equipment Lease was the following:
“9. The Hirer covenants and agrees to use the said machines in a careful and prudent manner during the…
2Cases cited5 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
- Dermott v. JonesSupreme Court of the United States · 1865
- Reconstruction Finance Corp. v. Peterson Bros.Court of Appeals for the Fifth Circuit · 1947
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- United States Fidelity & Guaranty Co. v. SlifkinDistrict Court, N.D. Alabama · 1961
- United States v. Leo LutzCourt of Appeals for the Fifth Circuit · 1961
- McKenzie Equipment Co. v. Hess Oil & Chemical Corp.Texas Supreme Court · 1970
- Caputo v. Blackstone Mutual InsuranceDistrict Court, W.D. Pennsylvania · 1971
- Farrell Marine Devices, Inc. v. The United StatesUnited States Court of Claims · 1967
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