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FRANTZ EQUIPMENT CO. v. UNITED STATES

No. 49773.

98 F.Supp. 579 (1951)

FRANTZ EQUIPMENT CO. v. UNITED STATES.

United States Court of Claims.

July 9, 1951.

Attorney(s) appearing for the Case

Harry Norman Ball, Philadelphia, Pa., for the plaintiff.

Julian R. Wilheim, Washington, D. C., with whom was Asst. Atty. Gen. H. G. Morison, for the defendant. Louis H. Mehlinger, Washington, D. C., on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

LITTLETON, Judge.

In its plea to the jurisdiction herein the defendant asks the court to dismiss plaintiff's amended petition, under Sec. 1500, Title 28, U.S.C., by reason of the fact that prior to the filing of both its petition and amended petition in this court, and continuously since that time, plaintiff's predecessor Frantz Equipment Company, a Copartnership, had pending in the United States District Court for the Eastern District of Pennsylvania,

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