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UNITED STATES v. KANSAS GAS AND ELECTRIC COMPANY

No. 6420.

287 F.2d 601 (1961)

UNITED STATES of America, Appellant, v. KANSAS GAS AND ELECTRIC COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

February 3, 1961.

Attorney(s) appearing for the Case

Ronald A. Jacks, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Wilbur G. Leonard, U. S. Atty., Topeka, Kan., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

Stanley Garrity, Wichita, Kan., for appellee.

Before MURRAH, Chief Judge, and BRATTON and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The United States, plaintiff below, appeals from a summary judgment in favor of appellee-defendant, Kansas Gas & Electric Company (herein referred to as the Utility), to recover alleged overpayments made under a contract for the sale by the Utility of electrical energy for use on the Planeview federal housing project located near Wichita, Kansas. The claim of overcharge involves the years 1947-1952 and depends on the applicability...

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