HELVETIA MILK CONDENSING CO. v. UNITED STATES

No. F-203.

56 F.2d 676 (1932)

HELVETIA MILK CONDENSING CO., Inc., v. UNITED STATES.

Court of Claims.

March 7, 1932.


Attorney(s) appearing for the Case

G. Mason Owlett, of Wellsboro, Pa. (Crichton & Owlett, of Wellsboro, Pa., on the brief), for plaintiff.

Percy M. Cox, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and WHALEY, WILLIAMS, GREEN, and LITTLETON, Judges.


LITTLETON, Judge.

A new trial was allowed in this case on motion of the plaintiff. The position of the plaintiff is that under the arrangements and the agreement with the defendant it was not liable for any refund to the government for shipments of milk made to the military establishments unless it had made more than an average profit of 42 cents per case, calculated on the total shipments over the entire period of fourteen months covered by the agreement; that the...

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