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ACME PROCESS EQUIPMENT CO. v. UNITED STATES

No. 538-59.

347 F.2d 538 (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 Pittsburgh 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.

June 11, 1965.

Attorney(s) appearing for the Case

Jack Rephan, Washington, D. C., for plaintiff. Solomon Dimond, 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., and James F. Merow, Washington, D. C., of counsel.

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

DAVIS, Judge:2

In January 1953, plaintiff entered into two separate contracts with the Army, one for the production of elevating and traversing assemblies and the other for the manufacture of 75 mm. rifles. The present claims grow out of the termination of the former contract for the Government's convenience.3 There are in effect two independent demands, one urged by the Acme Process Equipment Company as prime...

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