United States v. Boat Harbor Marine Ry. Co.

WAY, District Judge.

It appears from the evidence and the referee’s report that the lumber which is the subject of this claim was furnished to the Marine Railway, the government contractor, by petitioner between February 19 and May 28, 1930. Some time prior to the sale in question petitioner Southeast Lumber Export Company executed to the Virginia National Bank, of Norfolk, a bill of sale for certain lumber. That lumber was set aside in the yards and earmarked to distinguish it as belonging to the bank from other lumber owned by petitioner. Thereafter petitioner in its own name sold to the…