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GENERAL BUILDERS SUPPLY CO. v. UNITED STATES

No. 188-68.

409 F.2d 246 (1969)

GENERAL BUILDERS SUPPLY CO., Inc., on Behalf of Itself and for the Benefit of Hupp, Inc. v. The UNITED STATES.

United States Court of Claims.

April 11, 1969.

Attorney(s) appearing for the Case

Allen A. Sperling, Washington, D. C., attorney of record, for plaintiff.

Michael J. Rubin, Washington, D. C., with whom was Asst. Atty. Gen., William D. Ruckelshaus, for defendant. R. W. Koskinen, 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.

General Builders Supply Co., Inc., the plaintiff, made a contract in 1964 with the General Services Administration to furnish 7,859 refrigerators, for use in Germany, at $119 each. General Builders then subcontracted to purchase these articles from the Gibson Refrigerator Division of the Hupp Corporation, at $116. Hupp built pre-production models and submitted them for...

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