United States v. Frantz

BARD, District Judge.

This action is brought by the government under the Renegotiation Act1 to recover $60,000 excess profits less $1,231.57 which the government admits it owes the defendants. It is now before me on the United States of America’s motion for judgment on the pleadings and for summary judgment.

The defendants are William H. Frantz, H. P. Frantz, and J. J. McDevitt, individually and as co-partners doing business as Frantz Equipment Company, a co-partnership.

On December 20, 1943 the Under Secretary of War unilaterally determined that of the profits realized :by the defendants during…