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AUSTIN COMPANY v. UNITED STATES

No. 177-61.

314 F.2d 518 (1963)

The AUSTIN COMPANY v. The UNITED STATES.

United States Court of Claims.

March 6, 1963.

Attorney(s) appearing for the Case

Leward C. Wykoff, Cleveland, Ohio, for plaintiff. Thomas V. Koykka, Edward C. Adkins and Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, were on the briefs.

Alfred H. O. Boudreau, Jr., Washington, D. C., with whom was Acting Asst. Atty. Gen. Joseph D. Guilfoyle, for defendant.

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

LARAMORE, Judge.

This case is being heard on plaintiff's motion and defendant's cross-motion for summary judgment, and involves interpretation of a contract which plaintiff says was later found to be impossible of performance.

The Austin Company, plaintiff, entered into a contract with the United States on August 11, 1954, to design, manufacture, test and deliver a Digital Data Recording and Transcribing System, for the contract price of $177,500. This was...

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