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MAURER, INC. v. UNITED STATES

No. 34-71.

485 F.2d 588 (1973)

J. A. MAURER, INC. v. The UNITED STATES.

United States Court of Claims.

October 17, 1973.

Attorney(s) appearing for the Case

Norman Jacobson, New York City, attorney of record for plaintiff.

Michael J. Rubin, Washington, D. C., with whom was Asst. Atty. Gen. Harlington Wood, Jr., for defendant.

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

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

NICHOLS, Judge.*

The decisive issue in this review of a decision of the Armed Services Board of Contract Appeals (ASBCA), Appeal of J. A. Maurer, Inc., 69-2 BCA ¶ 7884, under the standards of the Wunderlich Act, 41 U.S.C. §§ 321-322, turns chiefly on the question of impossibility of performance of an Air Force contract terminated in 1966 for...

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