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COOPER-MACDONALD, INC. v. UNITED STATES

No. 88-75.

559 F.2d 575 (1977)

COOPER-MACDONALD, INC. v. The UNITED STATES.

United States Court of Claims.

As Amended on Denial of Rehearing September 30, 1977.

Attorney(s) appearing for the Case

Numa L. Smith, Jr., Washington, D.C., attorney of record, for plaintiff; Barron K. Grier, James W. Midgley, and Miller & Chevalier, Washington, D.C., of counsel.

C. Max Vassanelli, Washington, D.C., with whom was Acting Asst. Atty. Gen. Irving Jaffe, Washington, D.C., for defendant; Don W. Crockett, Washington, D.C., and William A. Schmidt, of counsel.

Richard R. Molleur, Washington, D.C., attorney of record, for Fairchild Industries, Inc., amicus curiae.

Before DAVIS, Judge, SKELTON, Senior Judge, and KASHIWA, KUNZIG and BENNETT, Judges, en banc.

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge:

Plaintiff Cooper-Macdonald, Inc. is a manufacturer's representative in the sale of American firearms; certain of its contracts with American companies have been declared renegotiable by the Renegotiation Board and excessive profits under them found for the fiscal years 1969-1971. By this motion for summary judgment, plaintiff asks the court to hold as a matter of law that these arrangements were not...

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