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PECK IRON AND METAL CO., INC. v. UNITED STATES

No. 408-69.

496 F.2d 543 (1974)

PECK IRON AND METAL CO., INC. v. The UNITED STATES.

United States Court of Claims.

May 15, 1974.

Attorney(s) appearing for the Case

Urban A. Lester, Washington, D.C., atty. of record, for plaintiff. Joseph J. Contrucci, Jr., and Lester & Contrucci, Washington, D.C., of counsel.

David R. Schlee, Washington, D.C., with whom was Acting Asst. Atty. Gen. Irving Jaffe, for defendant.

Before DAVIS, NICHOLS and BENNETT, Judges.

OPINION

PER CURIAM:*

The dispositive issue in this case is whether the Government breached its contract for the sale of a surplus aircraft carrier when it cancelled the agreement in its entirety under a provision which permitted it "to withdraw for its use any or all of the property covered by this contract, if a bona fide requirement for the property develops or exists...

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