Applied Companies v. United States

OPINION

LYDON, Senior Judge:

This matter is before the court on the parties’ motions for summary judgment. Plaintiff, Applied Companies (Applied), seeks payment of approximately $1.9 million withheld from a settlement agreement between defendant and Applied on an ah’ conditioning contract. This withholding represented the satisfaction by defendant of Applied’s prior indebtedness to defendant, resulting from admitted erroneous overpayments to Applied, on a different air conditioning contract. The issue before the court, as framed by the pleadings, is whether defendant’s offset was a breach of…