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ESTATE OF BERG v. UNITED STATES

No. 310-78.

687 F.2d 377 (1982)

ESTATE OF Lillian G. BERG, Joan Berg Mullen as Executrix of the Will of Lillian G. Berg, deceased, v. The UNITED STATES.

United States Court of Claims.

August 25, 1982.

Attorney(s) appearing for the Case

George J. Noumair, New York City, attorney of record, for plaintiff. Whitman & Ransom, Gerald D. Groden, Michael T. Kiesel, and Lawrence Chanen, New York City, of counsel.

Michael V. Marino, Arlington, Mass., with whom was Asst. Atty. Gen. Glenn L. Archer, Jr., for defendant. Theodore D. Peyser, Washington, D.C., of counsel.

Before FRIEDMAN, Chief Judge, SKELTON, Senior Judge, and NICHOLS, Judge.

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge:

This breach of contract case is before us on the parties' cross-motions for summary judgment. Defendant has admitted that its failure to redeem United States Treasury Bonds (flower bonds) at par value when tendered in payment of estate taxes constituted a breach. Therefore, the sole issue before us is the proper measure of damages

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