TOPKIS BROTHERS COMPANY v. UNITED STATES

No. 391-57.

299 F.2d 952 (1962)

TOPKIS BROTHERS COMPANY v. The UNITED STATES.

United States Court of Claims.

March 7, 1962.


Attorney(s) appearing for the Case

Samuel F. Schwag, Philadelphia, Pa., for plaintiff.

Edna P. Goldberg, Washington, D. C., with whom was Asst. Atty. Gen. William H. Orrick, Jr., for defendant.


JONES, Chief Judge.

The defendant in its motion for reconsideration and clarification expresses the fear that the wording of our opinion is such that it tends to create, at least by implication, a new cause of action.

We can see no plausible basis for this fear.

By the plain terms of the contracts the defendant undertook an obligation. Shining through the entire record, including the evidence, the findings of fact, and the recitals in the opinion,...

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