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AMERICAN TEXTILE MACHINE CORP. v. UNITED STATES

No. 12184.

220 F.2d 584 (1955)

AMERICAN TEXTILE MACHINE CORP., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Sixth Circuit.

March 25, 1955.

Attorney(s) appearing for the Case

Judson Harwood, Nashville, Tenn., Cecil Sims, Nashville, Tenn., on brief for appellant.

Alan S. Rosenthal, Washington, D. C., Warren E. Burger, Samuel D. Slade, T. S. L. Perlman, Washington, D. C., Fred Elledge, Jr., Nashville, Tenn., on brief for appellee.

Before SIMONS, Chief Judge, and MILLER and STEWART, Circuit Judges.

MILLER, Circuit Judge.

The United States brought this action against the appellant, American Textile Machine Corporation, under Sec. 403(c) (2) of the Renegotiation Act as amended, 50 U.S.C.A.Appendix, § 1191(c) (2), to recover amounts determined by the War Contracts Price Adjustment Board to have been excessive profits realized by appellant on Government contracts during the fiscal years ended June 30, 1945 and June 30, 1946. The District Judge entered judgment...

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