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UNITED STATES v. AMTRACO COMMODITY CORPORATION

No. 74 Civ. 1562-CLB.

389 F.Supp. 1084 (1974)

UNITED STATES of America, Plaintiff, v. AMTRACO COMMODITY CORPORATION, Defendant.

United States District Court, S. D. New York.

December 30, 1974.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., by Charles Franklin Richter, Asst. U. S. Atty., New York City, for plaintiff.

Shaw, Pittman, Potts & Trowbridge by William Bradford Reynolds, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Plaintif here sues for breach of contract to recover price adjustments allegedly due the Commodity Credit Corporation ("CCC") under four contracts with the defendant, Amtraco Commodity Corporation ("Amtraco"). These contracts govern four purchases by Amtraco from CCC of butter for export re-sale. Amtraco moved to dismiss the complaint on the ground that the Government had failed to exhaust the contracts' administrative...

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