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MAX BAUER MEAT PACKER, INC. v. UNITED STATES

No. 43-71.

458 F.2d 88 (1972)

MAX BAUER MEAT PACKER, INC. v. The UNITED STATES.

United States Court of Claims.

April 14, 1972.

Attorney(s) appearing for the Case

A. Jay Cristol, Miami, Fla., attorney of record, for plaintiff. Cristol, Rose & Aldrich, Miami, Fla., of counsel.

Lawrence S. Smith, Washington, D.C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

Before COWEN, Chief Judge, and DAVIS, COLLINS, SKELTON, NICHOLS, KASHIWA and KUNZIG, Judges.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

COWEN, Chief Judge.

This Wunderlich Act case comes before the court on the parties' cross-motions for summary judgment. It was first presented to the Armed Services Board of Contract Appeals, which granted plaintiff partial recovery. 69-2 BCA ¶ 7870. Unsatisfied, plaintiff filed suit here to recover the rest of its claim, only to find the Government asserting that plaintiff is entitled...

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