KOSCINSKI, District Judge.
This matter is before the court on plaintiff's motion for summary judgment in both suits, filed under the Renegotiation Act, 50 U.S.C.A.Appendix, § 1191, to recover balance claimed due for excessive profits realized by defendant during the fiscal years 1943 and 1944. Separate suits were filed for refund of excessive profits for each of the two years, but all proceedings in both suits were heard at the same time.
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