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SWARTZBAUGH MANUFACTURING CO. v. UNITED STATES

No. 14055.

289 F.2d 81 (1961)

SWARTZBAUGH MANUFACTURING CO., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 14, 1961.

Attorney(s) appearing for the Case

Richard B. Swartzbaugh, Toledo, Ohio, for appellant.

Sherman L. Cohn, Dept. of Justice, Washington, D. C., for appellee, George Cochran Doub, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., and Russell E. Ake, U. S. Atty., Cleveland, Ohio, on the brief.

Before McALLISTER, Chief Judge, and CECIL and O'SULLIVAN, Circuit Judges.

O'SULLIVAN, Circuit Judge.

On July 21, 1955, a government Contracting Officer made a unilateral determination that plaintiff-appellant, the Swartzbaugh Manufacturing Co. (referred to hereinafter as Swartzbaugh or as plaintiff) had been overpaid the sum of $60,929.16 on that company's contract with the government. Pursuant to the contract involved, Swartzbaugh appealed such finding to the Armed Services Board of Contract Appeals. On July 29, 1957, the Board made its...

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