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JANSEN v. UNITED STATES

No. 78-62.

344 F.2d 363 (1965)

Albert J. JANSEN, doing business as Mercury Service v. The UNITED STATES.

United States Court of Claims.

April 16, 1965.

Attorney(s) appearing for the Case

C. Emerson Duncan, II, Washington, D. C., for plaintiff. J. Clinton Peterson, Kilpatrick, Peterson & Ely, Vallejo, Cal., David Booth Beers and Ely, Duncan & Bennett, Washington, D. C., of counsel.

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

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

COWEN, Chief Judge.

This is an action to recover amounts allegedly due plaintiff under two Air Force contracts. The issue presented for our decision is the interpretation of the payment formula included in the contracts. While two separate contracts are in issue, both present the same issue of law and they will be discussed jointly.

On June 18, 1958, plaintiff was awarded contract AF 45 (603)-441 (hereinafter referred to as No. 441), which was an estimated...

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