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R. M. HOLLINGSHEAD CORPORATION v. UNITED STATES

No. 50123.

111 F.Supp. 285 (1953)

R. M. HOLLINGSHEAD CORPORATION v. UNITED STATES.

United States Court of Claims.

April 7, 1953.

Attorney(s) appearing for the Case

Scott P. Crampton, Washington, D. C., for plaintiff. William J. Demick, Washington, D. C., on the brief.

Gilbert E. Andrews, Washington, D. C., with whom was Asst. Atty. Gen. Warren E. Burger, for defendant.

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

MADDEN, Judge.

The Government has made a motion to dismiss the plaintiff's petition on the ground that it fails to state a cause of action. We summarize the allegations of the petition. The plaintiff was on February 3, 1948, awarded a contract by the United States Public Health Service, Federal Security Agency, for the supply of some 108,000 gallons of 25 percent DDT Concentrate in 5-gallon metal drums. The contract contained the following provisions:

"The...

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