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UNITED STATES v. MARTIN WUNDERLICH CO.

Nos. 11446, 11447.

211 F.2d 433 (1954)

UNITED STATES v. MARTIN WUNDERLICH CO., et al. (two cases).

United States Court of Appeals District of Columbia Circuit.

Decided March 25, 1954.

Attorney(s) appearing for the Case

Mr. Harland F. Leathers, Attorney, Department of Justice, Washington, D. C., for petitioner.

Mr. Joseph A. Maun, St. Paul, Minn., of the bar of the Supreme Court of Minnesota, pro hac vice, by special leave of Court, with whom Mr. Harry D. Ruddiman, Washington, D. C., was on the brief, for respondents. Mr. Paul M. Rhodes, Washington, D. C., entered an appearance for respondents.

Before WILBUR K. MILLER, BAZELON and FAHY, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

In these renegotiation cases, the Government requests review of two decisions of the Tax Court of the United States which held non-renegotiable a contract under which the Secretary of War had theretofore determined the contractor1 had realized large excessive profits.

The facts may be briefly stated. In December, 1940, The Panama Canal accepted Wunderlich's bid on the excavation for the new Gatun...

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