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UNITED STATES v. LEVINE

Civ. Nos. 14362, 18331.

187 F.Supp. 154 (1960)

UNITED STATES of America, Plaintiff, v. Irving LEVINE and Murray Gluck, d/b/a Cargo Equipment Co., Defendants. Irving LEVINE and Murray Gluck, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

May 12, 1960.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., Brooklyn, N. Y., U. S. Atty., Myron Beldock, Asst. U. S. Atty., Brooklyn, N. Y., George Cochran Doub, Asst. Atty. Gen., for the United States.

Donald B. MacGuineas, Arthur H. Fribourg, Richard T. Mulcahey, Attorneys, Department of Justice, Washington, D. C., of counsel, Joseph Schwartzman, New York City, for defendants.

BRUCHHAUSEN, Chief Judge.

This action of the United States was commenced to collect excessive profits earned by the defendants for the fiscal year ended August 31, 1944, arising out of a Government contract, pursuant to the Renegotiation Act, 50 U.S.C.A.Appendix § 1191. The defendants alleged, in substance, a general denial, affirmative defenses, and a counterclaim for $34,292.27.

The defendants urge that the renegotiation proceedings were not timely...

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