DIMOCK, District Judge.
The Government moves for summary judgment in the amount of $3,057.39, being the excess cost of certain rhesus monkeys which defendant had contracted to supply to the Government and had failed to deliver. As a basis for proceeding by motion for summary judgment rather than going to trial, the Government relies on the determination of the Armed Services Board of Contract Appeals in the appeal of Meems Bros. & Ward, ASBCA No. 3982, under contract...
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