KOMATSU MANUFACTURING COMPANY v. UNITED STATES

Nos. 3-55, 4-55, 5-55.

131 F.Supp. 949 (1955)

KOMATSU MANUFACTURING COMPANY, Ltd. v. The UNITED STATES (two cases). TAKABAYASHI SHIGEO, Receiver For Nippon Motor Company, Ltd. v. The UNITED STATES.

United States Court of Claims.

June 7, 1955.


Attorney(s) appearing for the Case

Ben Bruce Blakeney, Tokyo, Japan, for plaintiffs.

John R. Franklin, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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


MADDEN, Judge.

The defendant has made a motion, in each of these three cases, to dismiss the plaintiff's petition upon the ground that it does not state a claim upon which relief can be granted.

The petitions allege that the plaintiffs were contractors with the United States which acted through the Department of the Army. As such contractors they were engaged in rebuilding engineering equipment in Japan, for the Army. Under their contracts, they were to be...

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