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PENNER INSTALLATION CORPORATION v. UNITED STATES

No. 47266.

89 F.Supp. 545 (1950)

PENNER INSTALLATION CORPORATION v. UNITED STATES.

United States Court of Claims.

April 3, 1950.

Attorney(s) appearing for the Case

Albert Foreman, New York City, for the plaintiff. M. Carl Levine, Morgulas & Foreman, New York City, were on the brief.

John R. Franklin, Washington, D. C., with whom was Assistant Attorney General H. G. Morison, for the defendant.

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

WHITAKER, Judge.

The Government filed a motion for a new trial in this case, which we overruled. It then filed a motion for leave to file a second motion for a new trial, asserting that the issues in this case and in the case of Moorman v. United States, 113 Ct.Cl. 159, 82 F.Supp. 1010, then pending in the Supreme Court on certiorari to this court, were the same, and requesting that if its motion for leave to file a second motion...

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