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

No. 50229.

151 F.Supp. 332 (1957)

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

United States Court of Claims.

May 8, 1957.

Attorney(s) appearing for the Case

Shearman & Sterling & Wright, New York City, for plaintiff.

Charles C. Parlin, Robert L. Clare, Jr., and George W. Foley, New York City, were on the brief.

Bernard Wohlfert, Washington, D. C., with whom was Acting Asst. Atty. Gen., George S. Leonard, for defendant.

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

WHITAKER, Judge.

This case is before the court on motion of the defendant, filed January 17, 1957, to dismiss plaintiff's petition.

In an opinion announced January 8, 1952, the court granted defendant's motion to dismiss the petition, but on February 5, 1952 it vacated this order for the reasons stated in an opinion by a divided court, announced on February 5, 1952, 102 F.Supp. 417, 121 Ct.Cl. 616.

The former motion...

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