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E. H. SALES, INC. v. UNITED STATES

No. 75-61.

340 F.2d 358 (1965)

E. H. SALES, INC. v. The UNITED STATES.

United States Court of Claims.

January 22, 1965.

Attorney(s) appearing for the Case

F. Hamilton Seeley, Washington, D. C., for plaintiff. Thomas F. Shannon and R. Dobie Langenkamp, Washington, D. C., were on the brief.

Edward Weintraub, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. David V. Anthony, Washington, D. C., was on the brief.

Before COWEN, Chief Judge, DURFEE, DAVIS, and COLLINS, Judges, and WHITAKER, Senior Judge.

WHITAKER, Senior Judge.

This is a suit by plaintiff seeking an equitable adjustment under the "Changes" article of the contract. It is not a suit for breach of contract; it is a suit on the contract to recover an amount alleged to be due thereunder. In plaintiff's motion for summary judgment, it says it "seeks an equitable adjustment in the per unit price of repair contract because of the Government's failure to deliver approximately 79% of the material promised....

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