JNO. McCALL COAL COMPANY v. UNITED STATES

Civ. A. No. 15090.

248 F.Supp. 253 (1965)

JNO. McCALL COAL COMPANY, a Maryland corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Maryland.

December 27, 1965.


Attorney(s) appearing for the Case

John S. McDaniel, Jr., and Cable & McDaniel, Baltimore, Md., for plaintiff.

Fred W. Drogula, Attorney, Department of Justice, John W. Douglas, Asst. Atty. Gen., Washington, D. C., Thomas J. Kenney, U. S. Atty., Baltimore, Md., and Harland F. Leathers, Attorney, Department of Justice, Washington, D. C., for defendant.


WINTER, District Judge:

Plaintiff's motion for summary judgment, less a claimed set-off of the United States, was granted, in the amount of $126.72, for the reasons set forth in an oral opinion rendered October 22, 1965. Because of the importance of the issue presented by the claimed set-off, the reasons and authorities upon which the Court acted are herein set forth in greater detail.

Under a fifth contract between the parties, plaintiff agreed to deliver...

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