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ACME PROCESS EQUIPMENT CO. v. UNITED STATES

No. 349-57.

347 F.2d 509 (1965)

ACME PROCESS EQUIPMENT CO., to its own Use, and for the Use and Benefit of Nicholson Products Company, Steel Heddle Manufacturing Co., Foley Machine Company, Pattern Machine & Foundry Corporation, Intricate Manufacturing Company, Jaimie Kohan, d/b/a Manalapan Machine & Welding Works, and Pittsburgh National Bank, Successor to People's First National Bank & Trust Company, Assignee of All Metals Industries, Inc. v. The UNITED STATES.

United States Court of Claims.

June 11, 1965.

Attorney(s) appearing for the Case

Jack Rephan, Washington, D. C., for plaintiff. Solomon Dimond, Washington, D. C., George E. Palmer, Ann Arbor, Mich., Danzansky & Dickey, Washington, D. C., of counsel.

James F. Merow, 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.

DAVIS, Judge:1

Plaintiff's first experience as a defense contractor was to bid on and win two negotiated Ordnance Corps contracts, both of which soured into litigation.2 In January 1953, Army Ordnance awarded a contract for the manufacture of 75 mm. recoilless rifles. This project was largely subcontracted, leaving for Acme only the final finishing and assembly of components, and the earlier job of fashioning...

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