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HARRY THURESSON, INC. v. UNITED STATES

No. 198-70.

453 F.2d 1278 (1972)

HARRY THURESSON, INC. v. The UNITED STATES.

United States Court of Claims.

January 21, 1972.

Attorney(s) appearing for the Case

Edward D. Friedman, Washington, D.C., for plaintiff. Lester P. Schoene, Washington, D.C., attorney of record. Peter A. Greenburg, Washington, D.C., of counsel.

Gerald L. Schrader, Washington, D.C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

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

ON DEFENDANT'S AND PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT

COWEN, Chief Judge:

This is an action for breach of contract arising out of a sale of surplus property by the Department of Defense. The parties have filed cross-motions for summary judgment. We have concluded that the Government breached the guarantee provisions of the contract, and that plaintiff is entitled to recover an amount to be determined in a proceeding pursuant to Rule 131(c).

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