
    FULTON MARKET COLD STORAGE COMPANY v. THE UNITED STATES
    [No. 43336.
    Decided March 2, 1942]
    
      
      Mr. Walter W. Ahrens for tbe plaintiff. Messrs. John J. Mickey and James E. Polk were on tbe briefs.
    
      Mr. James K. Polk for Consolidated Edison Company ■of New York, Inc., as amious curiae. My. Robert E. Goulson was on the brief.
    
      Mr. Hubert L. Will, with whom was Mr. Assistant Attorney General Samuel 0. Olark, Jr., for the defendant. Messrs. Robert N‘. Anderson, Fred E. Dyar and George H. Foster were on the brief.
   Opinion

per curiam,:

The material facts in this case are substantially the same as the facts in St. Louis Refrigerating & Cold Storage Company, No. 43110, decided this day. The question presented is the same.

Upon the facts disclosed and for the reasons set forth in St. Louis Refrigerating & Cold Storage Company v. The United States, supra, the court is of the opinion that the plaintiff is not entitled to recover, and the petition is therefore dismissed.

It is so ordered.  