Carroll Electric Co. v. United States

Court of Claims

Carroll Electric Co. v. United States

65 Ct. Cl. 197, 1928 U.S. Ct. Cl. LEXIS 464, 1928 WL 3046

United States Court of Claims·Decided April 2, 1928·No. No. C-922·Published

Opinion

[198] MEMORANDUM BY

CHIEF JUSTICE CAMPBELL

This case was referred to a commissioner of the court, to whose report there is no exception. Only one question is presented and that is upon the right of the Government to retain a deduction of'2 per centum of the amount admitted to be due as the consideration for the qualified release. The court has held that such a right does not exist in a case where the same question was presented. See Pawling & Co. case, 60 C. Cls. 699, 707, 712. This case was affirmed, 273 U. S. 665. See also McClintic-Marshall Co., 59 C. Cls. 817. Judgment is awarded for this item.

Moss, Judge; Graham, Judge; and Booth, Judge, concur.

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[198] MEMORANDUM BY

CHIEF JUSTICE CAMPBELL

This case was referred to a commissioner of the court, to whose report there is no exception. Only one question is presented and that is upon the right of the Government to retain a deduction of'2 per centum of the amount admitted to be due as the consideration for the qualified release. The court has held that such a right does not exist in a case where the same question was presented. See Pawling & Co. case, 60 C. Cls. 699, 707, 712. This case was affirmed, 273 U. S. 665. See also McClintic-Marshall Co., 59 C. Cls. 817. Judgment is awarded for this item.

Moss, Judge; Graham, Judge; and Booth, Judge, concur.

Carroll Electric Co. v. United States, 65 Ct. Cl. 197, 1928 U.S. Ct. Cl. LEXIS 464, 1928 WL 3046 (cc 1928).

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Opinion

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