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CARRIER CORPORATION v. UNITED STATES

No. 346-59.

328 F.2d 328 (1964)

CARRIER CORPORATION, Successor on Merger to Affiliated Gas Equipment, Inc., v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied June 12, 1964.

Attorney(s) appearing for the Case

David W. Richmond, Washington, D. C., for plaintiff. Frederick O. Graves, Clarence T. Kipps, Jr., and Miller & Chevalier, Washington, D. C., were on the brief.

Richard R. Molleur and John W. Douglas, Washington, D. C., for defendant. M. Morton Weinstein, Washington, D. C., was on the brief.

Before JONES, C. J., and WHITAKER, LARAMORE, DURFEE and DAVIS, JJ.

JONES, Chief Judge.

The plaintiff seeks to recover the sum of $892,937.97 as damages caused by an alleged breach by the United States of a contract for the manufacture of high-explosive 90 mm. T-91 shells for the Ordnance Corps of the Department of the Army. The contract was cancelled after approximately 28 percent of the shells called for by the contract had been manufactured.

There are a number of issues and collateral issues involved. The defendant filed...

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