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FRANKLIN COMPANY v. UNITED STATES

No. 85-66.

381 F.2d 416 (1967)

The FRANKLIN COMPANY v. The UNITED STATES.

United States Court of Claims.

July 20, 1967.

Attorney(s) appearing for the Case

Theodore M. Kostos, Philadelphia, Pa., for plaintiff. Stassen, Kephart, Sarkis & Kostos, Philadelphia, Pa., of counsel.

Stephen M. Joynt, Bladensburg, Md., with whom was Asst. Atty. Gen., Barefoot Sanders, for defendant. Frances L. Nunn, Washington, D. C., of counsel.

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

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS - MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge.

The Franklin Company was engaged in June 1962 to prepare technical manuals for the Army and its Engineer Maintenance Center under an "indefinite delivery requirements type contract", with payments originally estimated at $1,063,795.92. The agreement contained both cost-plus-fixed-fee and fixed-price provisions — the latter being the basis for this suit. Although...

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