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OERLIKON MACHINE T. WKS. BUEHRLE & CO. v. UNITED STATES

No. 50229.

102 F.Supp. 417 (1952)

OERLIKON MACHINE TOOL WORKS BUEHRLE & CO. v. UNITED STATES.

United States Court of Claims.

February 5, 1952.

Attorney(s) appearing for the Case

Charles C. Parlin, New York City, for the plaintiff. George C. Seward, Thomas L. Higginson, and Shearman & Sterling & Wright, New York City, were on the briefs.

Bernard Wohlfert, Washington, D. C., with whom was Asst. Atty. Gen. Holmes Baldridge, for the defendant.

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

WHITAKER, Judge.

This case is before us on defendant's motion to dismiss plaintiff's petition because, it says, the judgment of this court entered on March 6, 1951, is res judicata and bars the present action, and also because the action is barred by the statute of limitations.

The decision rendered on March 6, 1951, was in case No. 49696, styled Oerlikon Machine Tool Works Buehrle & Co. v. United States, reported in 118 Ct.Cl. 614. In that case...

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