UNIROYAL, INC. v. UNITED STATES

No. 9-71.

454 F.2d 1394 (1972)

UNIROYAL, INC. v. The UNITED STATES.

United States Court of Claims.

February 18, 1972.


Attorney(s) appearing for the Case

Walter Barthold, New York City, attorney of record, for plaintiff. Arthur Dry & Kalish, New York City, of counsel.

Judith A. Yannello, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray III, for defendant.

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


ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

LARAMORE, Judge:

In October 1969, defendant, through the General Services Administration, awarded to Losion Muldrow, an individual doing business as Muldrow Enterprises, a contract calling for the delivery of 40 tires for a total price of $28,358.52. Defendant received the tires and remitted the contract price to contractor Muldrow Enterprises.

Plaintiff, the manufacturer of the tires sold to defendant,...

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