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GEORGE EPCAR COMPANY v. UNITED STATES

Nos. 9150, 9151.

377 F.2d 225 (1967)

GEORGE EPCAR COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 28, 1967.

Attorney(s) appearing for the Case

Irving H. Biele, Salt Lake City, Utah (Howard N. Jones, Salt Lake City, Utah, on the brief), for appellant.

Richard S. Salzman, Atty., Dept. of Justice (Barefoot Sanders, Asst. Atty. Gen., William T. Thurman, U. S. Atty., and David L. Rose, Atty., Dept. of Justice, on the brief), for appellee.

Before LEWIS, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

Appellant Epcar Company brought this suit under the Tucker Act, 28 U.S.C. § 1346(a) (2), seeking a determination that no contract existed between it and the United States and that, therefore, the government should be required to return a $5,000.00 deposit it had declared forfeited because Epcar was guilty of breach of contract. The government counterclaimed, contending there was a valid contract between it and Epcar, that Epcar had breached...

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