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SCHULTZ v. UNITED STATES

No. 50230.

132 F.Supp. 953 (1955)

Ernst Henry SCHULTZ, Jr., and James Vernor Dunbar, Copartners d/b/a General Canvas Company v. The UNITED STATES.

United States Court of Claims.

July 12, 1955.

Attorney(s) appearing for the Case

Robert J. Gaddy, St. Louis, Mo., for plaintiffs. James V. Dunbar, St. Louis, Mo., was on the brief.

Herman Wolkinson, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant. Lino A. Graglia, New York City, was on the briefs.

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

JONES, Chief Judge.

Defendant has moved to dismiss plaintiffs' petition on the ground that it was not timely filed.

Plaintiffs on January 10, 1945, entered into a contract to manufacture certain squad tents for the Government. After partial performance the contract was terminated for the convenience of the Government in the fall of 1945. In accordance with termination settlement procedures, plaintiffs received on April 16, 1951, certain "Findings of Fact"...

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