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WEBCO LUMBER, INC. v. UNITED STATES

No. 491-79C.

677 F.2d 860 (1982)

WEBCO LUMBER, INC. v. The UNITED STATES.

United States Court of Claims.

May 5, 1982.

Attorney(s) appearing for the Case

Alan I. Saltman, Washington, D. C., atty. of record, for plaintiff. Gary G. Stevens, Saltman & Stevens, P.C., Washington, D. C., of counsel.

Ray Goddard, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, and KUNZIG and SMITH, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

FRIEDMAN, Chief Judge:

Once again, we must determine whether the estimates in a government timber-cutting contract of the amounts of recoverable timber constituted a warranty, for the breach of which the contractor may recover where the timber actually removed was substantially less than the estimated amount. The plaintiff seeks damages apparently reflecting the difference between the value of the estimated timber...

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