L. W. FOSTER SPORTSWEAR CO. v. UNITED STATES

No. 77-65.

405 F.2d 1285 (1969)

L. W. FOSTER SPORTSWEAR CO., Inc. v. The UNITED STATES.

United States Court of Claims.

January 24, 1969.


Attorney(s) appearing for the Case

Erwin Lodge, Philadelphia, Pa., attorney of record, for plaintiff.

Lawrence S. Smith, Washington, D. C., with whom was Asst. Atty. Gen., Edwin L. Weisl, Jr., for defendant.

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


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

DAVIS, Judge.

This case, which is before the court on cross-motions for summary judgment, was referred to Commissioner Richard Arens, to whom we are greatly indebted. We adopt much of the statement of facts directly from his report to the court and come to the same conclusion.

This controversy arises out of two contracts entered into in 1958, under which plaintiff agreed to manufacture...

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