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CONSOLIDATED AIRCRAFT CORPORATION v. UNITED STATES

No. 43823.

31 F.Supp. 247 (1940)

CONSOLIDATED AIRCRAFT CORPORATION v. UNITED STATES.

Court of Claims.

February 5, 1940.

Attorney(s) appearing for the Case

Herman J. Galloway, of Washington, D. C. (King & King, 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, Sp. Assts. to Atty. Gen., on the brief), for defendant.

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

WHITAKER, Judge.

The decision of this case is controlled by the decision of the Supreme Court in United States v. Glenn L. Martin Company, 308 U.S. 62, 60 S.Ct. 32, 34, 84 L.Ed. ___, 124 A.L.R. 1017, decided November 6, 1939. The contract under consideration in that case stipulated that the prices charged included all Federal taxes theretofore imposed by Congress which were applicable to the materials called for under the contract,...

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