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WESTERN NON-FERROUS METALS CORP. v. UNITED STATES

No. 38043.

192 F.Supp. 774 (1961)

WESTERN NON-FERROUS METALS CORPORATION, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

April 4, 1961.

Attorney(s) appearing for the Case

Bacigalupi, Elkus & Salinger, San Francisco, Cal., for plaintiff.

Laurence E. Dayton, U. S. Atty., H. H. Brandenburg, Sp. Asst. U. S. Atty., San Francisco, Cal., for defendant.

ROCHE, District Judge.

Plaintiff sues to recover damages alleged to have been suffered by reason of defendant's breach of contract and/or breach of warranty in the sale of surplus property.

The essential facts are not disputed. Plaintiff submitted the winning bids on various "items" of surplus aluminum offered for sale by the Naval Supply Center in Oakland, California. The unit of sale was the number of pieces listed for each item, e. g., Item 41—668...

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