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PSATY & FUHRMAN v. STIMSON

No. 10156.

182 F.2d 985 (1950)

PSATY & FUHRMAN, Inc., v. STIMSON, Secretary of War, et al.

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1950.

Attorney(s) appearing for the Case

Mr. David Morgulas, Washington, D. C., submitted on the brief for petitioner.

Mr. Harland F. Leathers, Attorney, Department of Justice, Washington, D. C., with whom Assistant Attorney General H. G. Morison and Mr. Newell A. Clapp, Attorney, Department of Justice, Washington, D. C., were on the brief, submitted on the brief, for respondents.

Before PRETTYMAN, BAZELON and FAHY, Circuit Judges.

PER CURIAM.

Petitioner, on March 16, 1942, entered into a contract with the Government for the construction of a hospital. The Secretary of War renegotiated the contract on a completed contract basis and, on February 7, 1944, made a unilateral determination that petitioner had excessive profits of $700,000. Petitioner applied to the Tax Court for a determination that the renegotiation of its contract must be upon a fiscal (which in this case was calendar) year basis...

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