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TRIPLE "A" MACHINE SHOP v. UNITED STATES

No. 14389.

235 F.2d 626 (1956)

TRIPLE "A" MACHINE SHOP, Inc., a Corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 25, 1956.

Attorney(s) appearing for the Case

J. Thaddeus Cline, San Francisco, Cal., for appellant.

Warren E. Burger, Asst. Atty. Gen., Marcus A. Rowden, Paul A. Sweeney, Attys., Dept. of Justice, Washington, D. C., Keith Ferguson, Special Asst. to the Atty. Gen., for appellee.

Before HEALY and BONE, Circuit Judges, and JAMES M. CARTER, District Judge.

JAMES M. CARTER, District Judge.

The case grows out of a government contract for the repair and reconditioning of five life boats. It was agreed at the trial that the reasonable value of the labor and materials for which recovery was sought, was $6040.00. The question is whether the labor and materials were supplied as part of the contract price, or whether they were extras for which recovery may be had.

A master contract was entered into on February 10, 1950...

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