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NORTHWESTERN BAG CORP. v. UNITED STATES

No. 61-79.

619 F.2d 896 (1980)

NORTHWESTERN BAG CORPORATION, a Minnesota Corporation, v. The UNITED STATES.

United States Court of Claims.

April 16, 1980.

Attorney(s) appearing for the Case

Melvin I. Orenstein, Minneapolis, Minn., atty. of record, for plaintiff.

Robert J. Hartman and Lindquist & Vennum, Minneapolis, Minn., of counsel.

Robert G. Giertz, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. Ransey G. Cole, Washington, D. C., of counsel.

Before SKELTON, Senior Judge, and KASHIWA and BENNETT, Judges.

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

KASHIWA, Judge:

This is an action seeking Wunderlich Act, 41 U.S.C. §§ 321, 322 (1976), review of a decision of the Corps of Engineers Board of Contract Appeals (the "Board"). For the reasons set out below, we uphold the Board's decision in its entirety.

Plaintiff is in the business of selling sandbags. On February 14, 1977, an employee of the Army...

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