KESSENICH v. UNITED STATES

No. 127-55.

135 F.Supp. 528 (1955)

Gregory J. KESSENICH, Pauline C. Kessenich, William H. Kessenich, Rose Mary C. Kessenich Pro Se and as Trustee of Thomas G. Kessenich, Christopher J. Kessenich v. The UNITED STATES.

United States Court of Claims.

November 8, 1955.


Attorney(s) appearing for the Case

Irving M. Tullar, Washington, D. C., for plaintiffs. Edward B. Beale and Harris C. Lockwood, Washington, D. C., were on the brief.

Bernard Wohlfert, 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 plaintiffs sue upon an express contract which, they say, was embodied in certain writings which they have attached to their petition, and, in the alternative, upon an implied contract based upon a statute and the conduct of the parties. The Government by its motion asserts that the plaintiffs' petition fails to state a cause of action. We summarize the facts recited in the plaintiffs' petition, so far as they are pertinent to the motion.

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