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SOLITRON DEVICES, INC. v. UNITED STATES

No. 133-75.

537 F.2d 417 (1976)

SOLITRON DEVICES, INC. v. The UNITED STATES.

United States Court of Claims.

June 16, 1976.

Attorney(s) appearing for the Case

Seymour Glanzer, Washington, D.C., attorney of record for plaintiff. Dickstein, Shapiro & Morin, Washington D.C., of counsel.

Marvin L. Coan, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant. John H. Broadley, Washington, D.C., of counsel.

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

NICHOLS, Judge.

We have before us another variation on the theme of the rich but impecunious government contractor who has realized and should refund excessive profits, at least according to orders of the Renegotiation Board, but who cannot stay enforcement of the orders because of inability to obtain a bond. It is one of the paradoxes of our time. We convened an en banc court to consider the case because of the possibility we might be obliged to overrule or...

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