BEST v. UNITED STATES

Nos. 394-59, 461-59, 11-60, 12-60, 18-60, 106-60.

292 F.2d 274 (1961)

Josef BEST, D/B/A Firm Josef Best v. UNITED STATES. A. DIEHL, D/B/A Firm A. Diehl v. UNITED STATES. A. HOELLEIN, D/B/A Firm A. Hoellein GMBH v. UNITED STATES. August FABER, D/B/A Construction Firm, Faber & Schnepp v. UNITED STATES. Julius BERGER v. UNITED STATES. MUELLER-ALTVATTER COMPANY v. UNITED STATES.

United States Court of Claims.

Rehearing Denied October 4, 1961.


Attorney(s) appearing for the Case

Bernard J. Gallagher, Washington, D. C., for plaintiff in 106-60.

Hyman J. Cohen, Washington, D. C., for remaining plaintiffs. Potter & Lancian, Frankfort, Germany, were on the briefs.

George S. Leonard, Washington, D. C., with whom was Asst. Atty. Gen., William H. Orrick, Jr., for defendant. Kendall M. Barnes and Bruno A. Ristau, Washington, D. C., were on the briefs.


MADDEN, Judge.

These cases involve, so far as the Government's motion is concerned, the same legal questions, and this opinion will cover all of them. The word "plaintiff" in this opinion will refer to the plaintiff Josef Best. The facts of the Josef Best transaction will be used as the basis of this opinion.

The question at issue is whether the United States Army in Germany, in the dealings with the plaintiff, a German in the construction business, was making...

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