SALEM PRODUCTS CORP. v. UNITED STATES


191 F.Supp. 324 (1961)

SALEM PRODUCTS CORP., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

February 7, 1961.


Attorney(s) appearing for the Case

Posner & Elman, New York City, for plaintiff.

S. Hazard Gillespie, Jr., U. S. Atty., for Southern Dist. of New York, New York City, for United States. Lola S. Lea, Asst. U. S. Atty., New York City, of counsel.


DIMOCK, District Judge.

Plaintiff and defendant both move for summary judgment. The sum sought to be recovered is alleged to have been exacted by the Government on the ground that plaintiff had received an overpayment in that amount on account of a government contract performed by plaintiff.

During the performance of the contract plaintiff wrote to the Government's contracting officer requesting a deviation from the specifications permitting plaintiff to affix...

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