OPINION.
TURNER, Judge:
The respondent has moved to dismiss this proceeding for lack of jurisdiction on the ground that petitioner is a subcontractor described in section 403 (a) (5) (B) of the Renegotiation Act and, as such, is excluded by the provisions of section 403 (e) (2) of that act from filing a petition with this Court for a redetermination of the amount of profits for its fiscal year ended December 31, 1942, determined by the respondent...
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