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WPC ENTERPRISES, INCORPORATED v. UNITED STATES

No. 256-59.

323 F.2d 874 (1963)

WPC ENTERPRISES, INCORPORATED v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied January 24, 1964.

Attorney(s) appearing for the Case

Gilbert A. Cuneo, Washington, D. C., for plaintiff. Joseph Sachter, New York City, David N. Barus, Walter D. Matson and Cummings & Sellers, Washington, D. C., of counsel.

Edward L. Metzler, Washington, D. C., with whom was Asst. Atty. Gen., John W. Douglas, for defendant.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

DAVIS, Judge.

This is a study in the toils of ambiguity. The parties put their names to a contract which, on the point crucial to this lawsuit, could reasonably be read in two conflicting fashions. Each signatory seized in its own mind upon a different one of these contradictory versions. Compounding that confusion, they discussed the issue with each other in such a way that each thought, but this time without good reason, it had obtained the other's acquiescence...

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