NICK DELIS CO. v. UNITED STATES

No. 627-52.

113 F.Supp. 442 (1953)

NICK DELIS CO., Inc. v. UNITED STATES.

United States Court of Claims.

July 13, 1953.


Attorney(s) appearing for the Case

Edward Gallagher, Washington, D. C., for plaintiff.

John B. Miller, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., Thomas H. McGrail, Washington, D. C., on the brief, for defendant.

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


MADDEN, Judge.

The plaintiff sold and delivered a large quantity of potatoes to the Army early in 1952. It was paid the allegedly applicable ceiling price for the potatoes, which was some $18,000 less than the price specifically named in the contracts of sale. Our question is to determine which price the plaintiff was entitled to collect.

On January 5, 1952, the Office of Price Stabilization issued Ceiling Price Regulation 113 applicable to the kind of potatoes...

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