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INTERNATIONAL HARVESTER CO. v. ROCKWELL SPRING & AXLE CO.

No. 14671.

339 F.2d 949 (1964)

INTERNATIONAL HARVESTER COMPANY, Plaintiff-Appellant, v. ROCKWELL SPRING & AXLE COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 28, 1964.

Attorney(s) appearing for the Case

Philip W. Tone, Albert E. Jenner, Jr., Philip W. Tone, Thomas P. Sullivan, Sidney G. Saltz, Chicago, Ill., Raymond, Mayer, Jenner & Block, Chicago, Ill., of counsel, for appellant.

A. Daniel Feldman, Robert F. Hanley, Chicago, Ill., Michael I. Miller, Washington, D. C., Isham, Lincoln & Beale, Chicago, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, and DUFFY and SCHNACKENBERG, Circuit Judges.

DUFFY, Circuit Judge.

This suit was commenced in August 1956 by plaintiff, International Harvester Company (Harvester), for an accounting and judgment for the amount of retroactive price adjustments claimed to be owing to Harvester under various contracts for the calendar year 1955, which were subcontracts for the furnishing of axle sets to be used by plaintiff in building military trucks under a prime contract with the United States Government.

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