Nabisco, Inc. v. United States

The plaintiff, Nabisco, Inc., is a vertically integrated commercial baker which mills flour from wheat and produces baked goods from the flour and other ingredients for national sale. Nabisco sues for $1,344,341.16 alleged to be due to it under a brand-name contract with the Defense Personnel Center. Nabisco’s entitlement to this sum under its contract is not in dispute; the Government, however, has withheld payment in that amount in satisfaction of another claim: an alleged overpayment to Nabisco of refunds administered as part of the termination of the wheat certificate program established…