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ACME PROCESS EQUIPMENT CO. v. UNITED STATES

No. 538-59.

351 F.2d 656 (1965)

ACME PROCESS EQUIPMENT CO., to its Own Use, and for the Use and Benefit of Kingston Tool Company, Nicholson Products Company, K & G Sales Company, All Metals Industries, Inc. and the Pittsburg National Bank, Successor to the People's First National Bank & Trust Co., Assignee of All Metals Industries, Inc. v. The UNITED STATES.

United States Court of Claims.

October 15, 1965.

Attorney(s) appearing for the Case

Jack Rephan, Washington, D. C., for plaintiff. Danzansky & Dickey, Washington, D. C., of counsel.

David Orlikoff, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. Hyman Lazeroff, Gravelly Point, Va., of counsel.

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

PER CURIAM:

The parties have pointed out that we were mistaken in finding (finding 10) that the defendant's payment to Acme for the benefit of All Metals, on April 10, 1958, "was achieved by a credit of that amount against its [All Metals'] V-loan indebtedness to the Government." In fact, this payment by the Government of over $50,000 was credited to Acme's V-loan debt, not All Metals'. The plaintiff (Acme) asks us to correct our findings to reflect that fact. The...

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