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KEARNEY & TRECKER CORP. v. UNITED STATES

No. 477-81C.

688 F.2d 780 (1982)

KEARNEY & TRECKER CORPORATION v. The UNITED STATES.

United States Court of Claims.

September 8, 1982.

Attorney(s) appearing for the Case

Malcolm D. Young, Omaha, Neb., attorney of record, for plaintiff; Young & White, Omaha, Neb., of counsel.

Colvin W. Grannum, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, for defendant; Cecil Hunt, Pamela P. Breed, and Daniel C. Hurley, Jr., Dept. of Commerce, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS and BENNETT, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

FRIEDMAN, Chief Judge:

In this case of first impression, the plaintiff seeks just compensation under the fifth amendment for the alleged taking of its property that occurred when, as a result of the government's requiring the plaintiff to expedite delivery of a machine it was manufacturing for a government contractor, the plaintiff lost a sale of a similar machine under a contract with a private contractor. The...

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