U. S. METAL PRODUCTS CO. v. UNITED STATES

No. 68-C-913.

302 F.Supp. 1263 (1969)

U. S. METAL PRODUCTS CO., Inc., Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court E. D. New York.

On Application to Reargue July 8, 1969.


Attorney(s) appearing for the Case

Levin & Weintraub, New York City, for plaintiff; H. Stephen Edelman, New York City, of counsel.

Vincent T. McCarthy, U. S. Atty., E. D. New York, for defendant; Cyril Hyman, Asst. U. S. Atty., of counsel.


BARTELS, District Judge.

This action has been instituted under Section 1346(a) (2), 28 U.S.C.A., for the recovery from the Government of $6,237.44, representing the balance due to the plaintiff under a contract with the Government, which has interposed as a defense, an offset in the same amount, claimed to be due the Government under another contract. Plaintiff moves to strike the answer and for summary judgment under Rule 56, Fed.Rules Civ. Proc., 28 U.S.C.A.

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