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UNITED STATES v. OGDEN TECHNOLOGY LABORATORIES, INC.

No. 71-C-1432.

406 F.Supp. 1090 (1973)

UNITED STATES of America, Plaintiff, v. OGDEN TECHNOLOGY LABORATORIES, INC., Defendant.

United States District Court, E. D. New York.

September 14, 1973.

Attorney(s) appearing for the Case

Robert A. Morse, U. S. Atty., E. D. N. Y., for plaintiff; Henry A. Brachtl, Asst. U. S. Atty., of counsel.

Mendes & Mount, New York City, for defendant; Daniel M. Bianca, New York City, of counsel.

MEMORANDUM

BARTELS, District Judge.

Defendant, Ogden Technology Laboratories, Inc. ("Ogden"), moves to dismiss the first cause of action in the amended complaint of plaintiff Federal Government, based upon breach of contract, for failure to state a claim upon which relief can be granted, pursuant to F.R.Civ.P. Rule 12(b)(6). Defendant asserts that plaintiff cannot maintain this cause of action for breach of contract by Ogden because plaintiff was not in...

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