Gmo. Niehaus & Co. v. United States

In a prior proceeding in this case the Government moved to dismiss the plaintiffs’ petition on the asserted grounds that this court had no jurisdiction of the subject matter and that the petition failed to state a cause of action upon which relief could be granted. This court denied that motion, in an opinion rendered July 12,1957,139 C. Cls. 605. Thereupon the Government filed an answer to the petition, made the instant motion for a summary judgment, and submitted affidavits of four officials of the Government, the complete text of a letter dated July 9, 1951, from the President of the…