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PRESTEX INC. v. UNITED STATES

No. 415-61.

320 F.2d 367 (1963)

PRESTEX INC. v. The UNITED STATES.

United States Court of Claims.

July 12, 1963.

Attorney(s) appearing for the Case

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

William L. Davis, with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

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

JONES, Chief Judge.

Plaintiff was awarded a contract on January 29, 1960, to supply the United States Military Academy with 25,000 yards of white duck cloth to be used in making summer uniforms for the cadets, for a total contract price of $16,447.50.

After testing a sample of the finished cloth, the defendant refused to accept delivery because the cloth failed to conform to the advertised specification.

Plaintiff now sues for damages for breach of...

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