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SALEM PRODUCTS CORPORATION v. UNITED STATES

No. 201, Docket 27061.

298 F.2d 808 (1962)

SALEM PRODUCTS CORPORATION, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Second Circuit.

Decided January 31, 1962.

Attorney(s) appearing for the Case

John G. Laughlin, Atty., Dept. of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Arnold R. Petralia, Atty., Dept. of Justice, Washington, D. C., and Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, New York City, on the brief), for appellant.

Leonard S. Elman of Elman & Ornstein, New York City, for appellee.

Before MEDINA, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge.

This action was brought by Salem Products Corporation to recover $1,919.16 paid to the government under protest as a consequence of a finding by the Armed Services Board of Contract Appeals that Salem had realized savings in this amount by reason of a departure from specifications contained in a production contract between Salem and the government. The District Court entered a summary judgment for Salem. We reverse this judgment.

Salem...

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