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EMPIRE ORDNANCE CORPORATION v. UNITED STATES

No. 49462.

128 F.Supp. 744 (1955)

EMPIRE ORDNANCE CORPORATION, and Intervenors, Frank M. McHale and Morris Gutt v. The UNITED STATES.

United States Court of Claims.

February 8, 1955.

Attorney(s) appearing for the Case

William F. Welch, Indianapolis, Ind., for intervenors Frank M. McHale and Morris Gutt.

Carl Eardley, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., for defendant.

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

WHITAKER, Judge.

The Empire Ordnance Corporation (hereinafter referred to as "Empire") was awarded $935,000 by the Appeal Board of the Office of Contract Settlement. This amount was offset against amounts due the defendant by Empire's subsidiaries.

A suit filed by Empire in this court to recover the amount awarded it by the Appeal Board was dismissed with prejudice on March 30, 1954, together with defendant's counterclaims, 127 Ct.Cl. 834, pursuant to a stipulation...

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