EKCO PRODUCTS COMPANY v. UNITED STATES

No. 464-57.

312 F.2d 768 (1963)

EKCO PRODUCTS COMPANY v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied March 6, 1963.


Attorney(s) appearing for the Case

Robert L. Stern, Chicago, Ill., for plaintiff. Erwin C. Heininger and Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago, Ill., were on the briefs.

David V. Anthony, Washington, D. C., with whom was Joseph D. Guilfoyle, Acting Asst. Atty. Gen., for defendant.


DURFEE, Judge.

This is an action to recover damages for breach of contract. Plaintiff agreed to manufacture cartridge cases for defendant, and defendant agreed to furnish plaintiff with certain machines necessary for this manufacturing. Plaintiff claims that the machines so supplied by defendant were unfit for the purpose intended, thus causing plaintiff delay and extra expense.

Ekco Products produces metal house-wares and engages in considerable defense work...

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