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ROCHESTER IRON AND METAL CO. v. UNITED STATES

Cong. 1-59.

339 F.2d 640 (1964)

ROCHESTER IRON AND METAL CO. v. The UNITED STATES.

United States Court of Claims.

December 11, 1964.

Attorney(s) appearing for the Case

F. Trowbridge vom Baur, Washington, D. C., for plaintiff. Manuel D. Goldman, Rochester, N. Y., of counsel.

Gerson B. Kramer, Silver Spring, Md., with whom was Asst. Atty. Gen., John W. Douglas, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges.

DURFEE, Judge, delivered the following opinion with which LARAMORE, Judge, concurs, and announced the judgment of the court:

This Congressional reference case presents the issue of whether or not a contractor who received 1,940 tons of steel less than the approximate total tonnage bid upon in an "as is, where is" contract has a legal or equitable claim against the Government for this shortage.1

In 1951 the State Department transferred...

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