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DUGAN & McNAMARA v. THE UNITED STATES

No. 545-52.

124 F.Supp. 650 (1954)

DUGAN & McNAMARA, Inc., v. THE UNITED STATES.

United States Court of Claims

Decided October 5, 1954.

Attorney(s) appearing for the Case

G. Fred DiBona, Philadelphia, Pa., for plaintiff. James F. Masterson, Philadelphia, Pa., was on the brief.

Jess H. Rossenberg, Washington, D. C., with whom was Asst. Atty. Gen. Warren E. Burger, for the defendant.

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

LITTLETON, Judge.

Plaintiff brought this suit to recover $93,312.07 alleged to be due for services furnished the defendant during the period January to May 1947 under stevedoring contracts with the Army. The case is now before the court on plaintiff's motion to dismiss defendant's counterclaims.

Defendant admits that $93,033.04 has been earned by plaintiff under the 1947 contracts but alleges in its answer that full payment has been made to plaintiff by offsetting...

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