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FIRST NAT. CITY BANK v. UNITED STATES

No. 9-75.

537 F.2d 426 (1976)

FIRST NATIONAL CITY BANK v. The UNITED STATES.

United States Court of Claims.

June 16, 1976.

Attorney(s) appearing for the Case

Joseph H. Levie, New York City, attorney of record for plaintiff. Franklin N. Meyer, New York City, of counsel.

Leslie H. Wiesenfelder, Washington, D.C., with whom was Asst. Atty. Gen., Rex E. Lee, Washington, D.C., for defendant.

Before DAVIS, NICHOLS and KUNZIG, Judges.

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

KUNZIG, Judge:

Plaintiff, First National City Bank, comes before the court seeking a recovery as assignee of certain Government contract rights, ($54,369.37 plus interest) free of defendant's independent set-off claims. The contract in question contains set-off protection language. Under the facts of the instant action, plaintiff has standing to sue either as beneficiary...

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