FANSTEEL METALLURGICAL CORPORATION v. UNITED STATES

No. 170-58.

172 F.Supp. 268 (1959)

FANSTEEL METALLURGICAL CORPORATION v. UNITED STATES.

United States Court of Claims.

April 8, 1959.


Attorney(s) appearing for the Case

Frank Greenberg, Chicago, Ill., for plaintiff. Marx Leva, Washington, D. C., Robert H. Ford, and Charles E. Zeitlin, Chicago, Ill., were on the briefs.

Laurence H. Axman, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.


LARAMORE, Judge.

In a suit by plaintiff Fansteel Metallurgical Corporation under a supply contract, the Government has counterclaimed for alleged overpayments to plaintiff. Plaintiff has filed motion for summary judgment dismissing the counterclaim on the ground that plaintiff's affirmative defenses to the counterclaim cannot be denied and are dispositive of defendant's counterclaim. The affirmative defenses are: (1) The defendant is precluded, as a matter of law...

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