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UNITED ELEC. CORP. v. UNITED STATES

No. 10-80C.

647 F.2d 1082 (1981)

UNITED ELECTRIC CORPORATION v. The UNITED STATES.

United States Court of Claims.

April 22, 1981.

Attorney(s) appearing for the Case

John F. Taylor, San Francisco, attorney of record, for plaintiff.

John Charles Ranney, Washington, D. C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant.

Before DAVIS, NICHOLS and KASHIWA, Judges.

ON DEFENDANT'S MOTION TO DISMISS

DAVIS, Judge:

We are faced, once again, with the uneasy problem of whether a subcontractor has standing to sue the United States for compensation due it under a subcontract with a government contractor where both the prime and the surety have failed or refused to make the payment, and the Government retains funds owing on the contract. This time the question arises on the following claim (as asserted in the petition): In...

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