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CONSOLIDATED VULTEE AIRCRAFT CORP. v. UNITED STATES

Civ. A. No. 1334.

97 F.Supp. 948 (1951)

CONSOLIDATED VULTEE AIRCRAFT CORP. v. UNITED STATES.

United States District Court D. Delaware.

May 11, 1951.

Attorney(s) appearing for the Case

Caleb S. Layton (Richards, Layton & Finger), of Wilmington, Del., Robert B. Watts, Albert C. Bickford and Burton M. Abrams (Simpson, Thacher & Bartlett), all of New York City, for plaintiff.

William Marvel, U. S. Atty. and James L. Latchum, Asst. U. S. Atty., of Wilmington, Del., for defendant.

RODNEY, District Judge.

This is a motion for summary judgment under Fed.Rules Civ.Proc. Rule 56, 28 U.S.C.A., and such motion has been made by each party. The facts are not in dispute and appear in the pleadings, requests for admissions and answers thereto and affidavits filed.

The action is brought pursuant to Title 28 U.S.C.A. § 1346 to recover amounts allegedly owing and unpaid under a Government cost-plus...

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