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A. F. WAGNER IRON WORKS v. UNITED STATES

No. 49253.

89 F.Supp. 1016 (1950)

A. F. WAGNER IRON WORKS et al. v. UNITED STATES.

United States Court of Claims.

May 1, 1950.

Attorney(s) appearing for the Case

Brooke Tibbs, Milwaukee, Wis., Tibbs & Tibbs, Milwaukee, Wis., on the brief, for plaintiffs.

Kendall M. Barnes, Washington, D. C., H. G. Morison, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and HOWELL, WHITAKER, LITTLETON, and JONES, Judges.

HOWELL, Judge.

The plaintiffs have moved to strike paragraph 9 of defendant's counterclaim and dismiss that part of the counterclaim which alleges damages in the principal sum of $124,588.37, requesting summary judgment in favor of the plaintiffs with respect thereto and, in the alternative, to limit the scope of paragraph 9 of the counterclaim and proofs thereunder to damages, if any, sustained during the period from May 18, 1948, through June 1, 1948, and to the...

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