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M. BERGER COMPANY v. UNITED STATES

Civ. A. No. 60-503.

199 F.Supp. 22 (1961)

M. BERGER COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. Pennsylvania.

October 24, 1961.

Attorney(s) appearing for the Case

Stanley Ostrow, of Crone & Cohen, Pittsburgh, Pa., for plaintiff.

Byron E. Kopp, Asst. U. S. Atty., Pittsburgh, Pa., for the United States.

MARSH, District Judge.

Plaintiff brought this action under the Tucker Act, 28 U.S.C.A. § 1346(a) (2), to recover damages "for breach of contract warranty * * * including sums representing the return of purchase price to plaintiff, damages for transportation and storage charges, and damages for loss of plaintiff's profit." After answering the complaint, the Government filed a motion for summary judgment, accompanied...

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