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NORTHLAND CAMPS, INC. v. UNITED STATES

No. 450-72.

499 F.2d 658 (1974)

NORTHLAND CAMPS, INC. v. The UNITED STATES.

United States Court of Claims.

June 19, 1974.

Attorney(s) appearing for the Case

Jon A. Kerr, Washington, D. C., for plaintiff; John B. Tacke, Washington, D. C., attorney of record. Hudson, Creyke, Koehler, Brown & Tacke, Washington, D. C., of counsel.

Clarence T. Kipps, Jr., Washington, D. C., for National Security Industrial Ass'n, amicus curiae. John L. Rice and Miller & Chevalier, Washington, D. C., of counsel.

David R. Schlee, Washington, D. C., with whom was Acting Assistant Atty. Gen. Irving Jaffe, for defendant. Rose Adewale-Mendes, Washington, D. C., of counsel.

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

ON PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S SECOND COUNTERCLAIM

DAVIS, Judge, delivered the opinion of the court:

This case, like Roscoe-Ajax Constr. Co. v. United States, Ct.Cl., 499 F.2d 639, calls upon us to determine whether, under S & E Contractors, Inc. v. United States, 406 U.S. 1, 92 S.Ct. 1411, 31 L.Ed.2d 658 (1972), the Government can maintain a counterclaim challenging a holding...

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