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AST/SERVO SYSTEMS, INC. v. UNITED STATES

No. 221-70.

449 F.2d 789 (1971)

AST/SERVO SYSTEMS, INC. v. The UNITED STATES.

United States Court of Claims.

October 15, 1971.

Attorney(s) appearing for the Case

Harold C. Petrowitz, Washington, D. C., attorney of record, for plaintiff.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray III, for defendant.

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

DAVIS, Judge.

In 1968 and 1969 the Air Force sold as surplus Government material, at public advertised sales, a number of Guidance Sets of the Atlas Intercontinental Ballistic Missile. There were no restrictions on use or resale. Two of the original purchasers resold 34 of these sets to the plaintiff — 27 at $75 apiece and 7 at $300 each.1 Plaintiff then offered the items for sale, in its catalogue, at a unit price of $3,895. Alerted...

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