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BRISTER & KOESTER LUMBER CORP. v. UNITED STATES

No. 10604.

188 F.2d 986 (1951)

BRISTER & KOESTER LUMBER CORP. v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided February 15, 1951.

Attorney(s) appearing for the Case

E. E. Blakely, Washington, D. C., with whom Grover C. Kane, Washington, D. C., was on the brief, for appellant.

Joseph F. Goetten, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty., and Ross O'Donoghue and Joseph M. Howard, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellee.

Before EDGERTON, WILBUR K. MILLER and PRETTYMAN, Circuit Judges.

PRETTYMAN, Circuit Judge.

This is a civil action brought by Brister & Koester Lumber Corporation under the Tucker Act1 to recover payment for lumber delivered to and used by the Constructing Quartermaster at Fort Eustis, Virginia. The District Court granted the defendant's motion for summary judgment upon the ground that the complaint was not filed within the six-year period of limitations provided in the statute.

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