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ROSE v. McNAMARA

No. 33891.

225 F.Supp. 891 (1963)

Morton M. ROSE v. Robert S. McNAMARA, Secretary of Defense.

United States District Court E. D. Pennsylvania.

December 23, 1963.

Attorney(s) appearing for the Case

Edwin J. McDermott, Philadelphia, Pa., for plaintiff.

Drew J. T. O'Keefe, U. S. Atty., Sullivan Cistone, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

JOSEPH S. LORD, III, District Judge.

This is a complaint seeking a declaratory judgment in the nature of mandamus. The defendant has moved to dismiss, or in the alternative, for summary judgment. Plaintiff has filed a cross-motion for summary judgment. From the complaint, the following facts appear:

Plaintiff was the president and principal stockholder of Aero-Fab Corporation, which, on June 28, 1957, was awarded Contract DA-36-243-QM (CTM)-486 by the United...

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