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COWDEN MFG. CO. v. UNITED STATES

No. 44307.

32 F.Supp. 141 (1940)

COWDEN MFG. CO. v. UNITED STATES.

Court of Claims.

April 1, 1940.

Attorney(s) appearing for the Case

Phil D. Morelock, of Kansas City, Mo. (George P. Lamb, of Washington, D. C., on the brief), for plaintiff.

Guy Patten, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and WHITAKER, LITTLETON, and GREEN, Judges.

WHITAKER, Judge.

The plaintiff entered into a contract with the defendant on June 24, 1933, to furnish a certain number of suits of a certain type for a specified price. The contract entered into contained the following provision, known as the "Federal Taxes" provision:

"Prices set forth herein include any Federal Tax heretofore imposed by the Congress which is applicable to the material purchased under this contract. If any sales tax, processing tax, adjustment...

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