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VARKELL v. UNITED STATES

No. 186-63.

334 F.2d 653 (1964)

Paul VARKELL and Hyman Nutkis, a Partnership, T/A Pavcor Company v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied October 16, 1964.

Attorney(s) appearing for the Case

Hyman J. Cohen, Washington, D. C., for plaintiffs.

Manfred J. Schmidt, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

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

PER CURIAM.

Defendant offered for sale in California, as surplus property, and plaintiffs agreed to buy (among other things), some film described as follows:

"FILM: Kodak Linograph Shellburst, safety film, clear base. Exposure Index 25, 35 MM, 400 Ft. Expiration date May 1957. Est. 322 Rolls. "Est. Acquisition Cost: $1,384.60 Apparently Unused — Fair"

The price bid for this item was $927.36.

The contract of sale included...

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