NAGER ELECTRIC COMPANY v. UNITED STATES

No. 348-64.

396 F.2d 977 (1968)

NAGER ELECTRIC COMPANY, Inc. and Keystone Engineering Corporation v. The UNITED STATES.

United States Court of Claims.

June 14, 1968.


Attorney(s) appearing for the Case

Albert Foreman, New York City, attorney of record, for plaintiff, Edwin Efros and M. Carl Levine, Morgulas & Foreman, New York City, of counsel.

Ray Goddard, Washington, D. C., with whom was Asst. Atty. Gen., Edwin L. Weisl, Jr., for defendant.

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


ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

DAVIS, Judge.

At an earlier stage of this controversy we rejected the Government's assertion, on its then motion for summary judgment, that plaintiffs' first cause of action (based on an allegedly improper termination-for-default) should be dismissed as barred by the statute of limitations, but specifically reserved the Government's alternative ground that the claim is one arising "under the contract" and...

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