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NATIONAL WOOD PRODUCTS v. UNITED STATES

No. 493-53.

146 F.Supp. 451 (1956)

NATIONAL WOOD PRODUCTS, Inc. v. The UNITED STATES.

United States Court of Claims.

December 5, 1956.

Attorney(s) appearing for the Case

Ryan deGraffenreid, Tuscaloosa, Ala., for plaintiff, William Edward deGraffenreid, Tuscaloosa, Ala., was on the briefs.

Kathryn H. Baldwin, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant, Benton C. Tolley, Jr., Washington, D. C., was on the brief.

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

MADDEN, Judge.

The plaintiff had a contract with the Department of the Army to manufacture 250,000 folding canvas cots. It was late in its deliveries, and the Government terminated the contract as to 98,000 of the cots, and obtained them from another manufacturer. The Government charged the plaintiff with the excess costs of obtaining the 98,000 cots from the other manufacturer, as it had the right to do under the contract, and deducted $33,133.80

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