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READING COMPANY v. UNITED STATES

No. 49792.

128 F.Supp. 745 (1955)

READING COMPANY v. The UNITED STATES; Michael KING and Columbia Waste Material Company, Third-Party Defendants.

United States Court of Claims.

March 1, 1955.

Attorney(s) appearing for the Case

William P. McClure, Washington, D. C., for plaintiff.

John E. McClure, Washington, D. C., William I. Woodcock, Jr., Andrew C. Armstrong and A. W. Hesse, Jr., Philadelphia, Pa., were on the briefs.

Frank J. Keating, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

Nathan L. Posner, Philadelphia, Pa., for Columbia Waste Material Co., third-party defendant.

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

MADDEN, Judge.

Sales Contract Branch, Quartermaster Supply Section, Utah General Distribution Depot, Ogden, Utah, an installation of the United States Army, invited bids on a quantity of surplus property, designated as "Pads, filter, gas mask, wool and resin, weather damaged, new, approx. 418,800 each, D-2." One Michael King of Philadelphia bid $21.15 for the lot, which consisted of some fifteen tons of material. His bid was accepted by A. J. Bybee as Contracting...

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