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FREEDMAN v. UNITED STATES

No. 124-59.

320 F.2d 359 (1963)

Saul FREEDMAN, d/b/a M. & E. Equipment & Parts Company v. The UNITED STATES.

United States Court of Claims.

July 12, 1963.

Attorney(s) appearing for the Case

Gilbert A. Cuneo, Washington, D. C., for plaintiff. Jacob N. Geffen, New York City, Eldon H. Crowell and Cummings & Sellers, Washington, D. C., were on the briefs.

Glenn E. Harris, with whom was John W. Douglas, Asst. Atty. Gen., for defendant.

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

DAVIS, Judge.

Claiming that he had a binding contract with the defendant to sell and deliver to him some surplus tanks for scrapping, the plaintiff sues because the Air Force refused to hand over this material. He seeks the gain he would have realized if the sale had been consummated.

In February 1957, the Directorate of Procurement of the Air Force's Northern Air Materiel Area for Europe (situated at Burtonwood, Lancashire, England)1

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