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UNITED STATES v. ACME PROCESS CO.

No. 86.

385 U.S. 138 (1966)

87 S.Ct. 350

17 L.Ed.2d 249

UNITED STATES v. ACME PROCESS EQUIPMENT CO.

Supreme Court of United States.

Decided December 5, 1966.

Attorney(s) appearing for the Case

Solicitor General Marshall argued the cause for the United States. With him on the brief were Assistant Attorney General Douglas, Richard A. Posner, David L. Rose and Robert V. Zener.

Jack Rephan argued the cause for respondent. With him on the brief were Raymond R. Dickey and Bernard Gordon.

MR. JUSTICE BLACK delivered the opinion of the Court.

The respondent, Acme Process Equipment Company, brought this action against the United States in the Court of Claims to recover damages for breach of a contract under which Acme undertook through itself and subcontractors to manufacture 2,751 75-mm. recoilless rifles for about $337 per rifle. Among other defenses, the United States alleged that it had rightfully canceled its contract with Acme because three of...

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