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MATTER OF GARY AIRCRAFT CORP.

No. 81-1391.

698 F.2d 775 (1983)

In the Matter of GARY AIRCRAFT CORPORATION, Debtor. GARY AIRCRAFT CORPORATION, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1983.

Attorney(s) appearing for the Case

Richmond I. McKay, J. Christopher Kohn, Attys., Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Gilpin, Maynard, Parson, Pohl, Bennett, John H. Bennett, Jr., Houston, Tex., for Gary Aircraft.

Joe Warren Jones, San Antonio, Tex., for creditors committee.

Before GOLDBERG, GEE and HIGGIN-BOTHAM, Circuit Judges.

GOLDBERG, Circuit Judge:

This is a stretch case with potential for elastic juridical power in either the bankruptcy court or the Armed Services Board of Contract Appeals. In this appeal we are called upon to review various matters pertaining to the liquidation by a bankruptcy court of claims by the United States against Gary Aircraft Corporation ("Gary") flowing from a contract between the government and Gary to overhaul airplane engines.1

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