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NABISCO, INC. v. UNITED STATES

No. 321-77.

599 F.2d 415 (1979)

NABISCO, INC. v. The UNITED STATES.

United States Court of Claims.

May 16, 1979.

Attorney(s) appearing for the Case

William H. Allen, Washington, D.C., for plaintiff. Gary L. Reback and Covington & Burling, Washington, D.C., of counsel.

Richard J. Webber, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant. Thomas V. Conway and James R. Walczak, Department of Agriculture, Washington, D.C., of counsel.

Before FRIEDMAN, Chief Judge, COWEN, Senior Judge, and KASHIWA, Judge.

OPINION

COWEN, Senior Judge.

The plaintiff, Nabisco, Inc., is a vertically integrated commercial baker which mills flour from wheat and produces baked goods from the flour and other ingredients for national sale. Nabisco sues for $1,344,341.16 alleged to be due to it under a brand-name contract with the Defense Personnel Center. Nabisco's entitlement to this sum under its contract is not in dispute; the Government, however, has withheld payment in that amount...

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