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CHARLES H. TOMPKINS COMPANY v. BRUCKER

No. 14273.

262 F.2d 694 (1958)

CHARLES H. TOMPKINS COMPANY, Appellant, v. Wilber M. BRUCKER, as Secretary of the Army, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 10, 1958.

Attorney(s) appearing for the Case

Mr. Alan Johnstone, Washington, D. C., for appellant.

Mr. Louis M. Kaplan, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Carl W. Belcher and Thomas H. McGrail, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, FAHY and BURGER, Circuit Judges.

PER CURIAM.

In the District Court appellant sought a declaratory judgment that the Secretary of the Army, appellee, acted without authority in requesting appellant to return sums previously paid to it by the United States under a construction contract, and also sought to have the Secretary enjoined from withholding funds that might become due to appellant under other construction contracts with the United States. The threatened withholding was alleged by appellant...

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