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JOHN REINER & COMPANY v. UNITED STATES

No. 431-57.

325 F.2d 438 (1963)

JOHN REINER & COMPANY, Individually and to the Use of Kurz & Root Company (Incorporated) v. The UNITED STATES.

United States Court of Claims.

December 13, 1963.

Attorney(s) appearing for the Case

George Zolotar, New York City, for plaintiff. Charles Rembar, New York City, of counsel.

Edwin J. Reis, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for the defendant. A. H. Boudreau, Jr., Washington, D. C., was on the brief.

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

DAVIS, Judge.

In May 1956 the Corps of Engineers advertised for bids on 3,567 generator sets to be purchased by the Army. The invitation stated that "the Government desires delivery" of the items in accordance with a definite schedule (ranging from September 30, 1956, to August 31, 1957), but it was also provided that "in the event bidder is unable to make deliveries in accordance with the foregoing schedule, he shall set forth in the space below his proposed delivery...

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