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INSTRUMENTS FOR INDUSTRY, INC. v. UNITED STATES

No. 653, Docket 73-2165.

496 F.2d 1157 (1974)

In the Matter of INSTRUMENTS FOR INDUSTRY, INC., Debtor-Appellee, v. UNITED STATES of America, Appellant.

Second Circuit.

Decided May 28, 1974.

Attorney(s) appearing for the Case

Mary P. McGuire, Asst. U. S. Atty., E. D. N. Y. (Robert A. Morse, U. S. Atty., and L. Kevin Sheridan, Asst. U. S. Atty., E. D. N. Y., of counsel), for appellant.

Branko Stupar, Washington, D. C. (Faulkner, Shands, Stupar & Tucker, Washington, D. C., Samuel A. Arutt, and Arutt, Nachamie, Benjamin & Rubin, New York City, of counsel), for appellee.

Before HAYS and MANSFIELD, Circuit Judges, and DAVIS, Judge.

DAVIS, Judge:

Instruments for Industry, Inc. ("IFI"), the appellee, entered into a contract in 1960 with the Bureau of Naval Weapons of the Navy Department for twenty units of electronic countermeasure equipment. The agreement contained a standard form "Disputes" clause1 requiring initial administrative determination of disputes arising under the contract. The equipment was delivered and accepted...

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