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TELESCOPE FOLDING FURNITURE CO. v. UNITED STATES

No. 44337.

31 F.Supp. 780 (1940)

TELESCOPE FOLDING FURNITURE CO., Inc., v. UNITED STATES.

Court of Claims.

March 4, 1940.

Attorney(s) appearing for the Case

Malcolm Johnson, of New York City (Ewing Everett, of New York City, and O. H. Chmillon and Miller & Chevalier, all 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 plaintiff entered into a contract with the defendant to furnish a certain number of folding canvas cots "with unbleached (gray) duck" at $2.39 each. Article 1 of the contract contained this 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 charge, or other taxes or charges are imposed or changed...

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