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BOWSER, INC. v. UNITED STATES

No. 25-61.

423 F.2d 1369 (1970)

BOWSER, INC. v. The UNITED STATES, and Condec Corporation, Third Party Defendant.

United States Court of Claims.

April 17, 1970.

Attorney(s) appearing for the Case

Bernard Hoban, Chicago, Ill., attorney of record, for plaintiff. Clarence E. Threedy, Chicago, Ill., of counsel.

Thomas J. Byrnes, Washington, D.C., with whom was Asst. Atty. Gen., William D. Ruckelshaus, for defendant.

I. H. Wachtel, Washington, D.C., attorney of record, for third party defendant. Daniel M. Ross, of counsel.

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

PER CURIAM:

We have before us a motion for summary judgment by third party, Condec Corporation, against defendant, and a motion for partial summary judgment by defendant against plaintiff.

Prior to the commencement of the instant suit by plaintiff, Bowser, Inc., against the United States, Condec had entered into three contracts with defendant for the furnishing of certain goods. All three contracts contained a "patent indemnity" clause which provided in pertinent...

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