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ITT FEDERAL SUPPORT SERVICES v. UNITED STATES

No. 138-73.

531 F.2d 522 (1976)

ITT FEDERAL SUPPORT SERVICES, INC. v. The UNITED STATES.

United States Court of Claims.

March 17, 1976.

Attorney(s) appearing for the Case

Gilbert A. Cuneo, Washington, D.C., attorney of record, for plaintiff, Harvey G. Sherzer, Sellers, Conner & Cuneo, Washington, D.C., and James V. McMahon, Nutley, N.J., of counsel.

Sheldon J. Wolfe, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant.

Before COWEN, Chief Judge, and DAVIS and KASHIWA, Judges.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge:

This case, before us on the parties' crossmotions for summary judgment, is a tug of war between a government contractor and the Government over surplus moneys in a pension fund established for the cost-plus contractor's employees. Three sums are involved: (1) $821,572 in post-contract-termination earnings and profits on the government-reimbursed employer's share of the...

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