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STATE OF TEX. v. UNITED STATES

No. 374-73.

537 F.2d 466 (1976)

STATE OF TEXAS v. The UNITED STATES.

United States Court of Claims.

July 9, 1976.

Attorney(s) appearing for the Case

Robert H. Koehler, Washington, D.C., atty. of record, for plaintiff. Patton, Boggs & Blow, Washington, D.C., John L. Hill and Elizabeth Levatino, Austin, Tex., of counsel.

Thomas W. Petersen, Washington, D.C., with whom was Asst. Atty. Gen., Rex E. Lee, Washington, D.C., for defendant.

Before DURFEE, Senior Judge, and NICHOLS and BENNETT, Judges.

DURFEE, Senior Judge.

By motion for summary judgment the Government asks the court to grant it judgment dismissing plaintiff's petition asserting that in refusing to grant plaintiff's requests for additional disaster relief funds under the Federal Disaster Act defendant breached its Disaster Assistance Agreement with plaintiff or alternatively acted arbitrarily and capriciously.

Responding by cross-motion for summary judgment nominal plaintiff, the State of...

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