United States v. Maguire Industries, Inc.

COXE, District Judge.

This is a motion by plaintiff (1) to strike certain paragraphs of the amended answer, (2) for judgment on the pleadings, and (3) for summary judgment. The action was brought on May 19, 1949, under Section 1345 of the Judicial Code, 28 U.S.C. § 1345, and Section 403(c) of the Renegotiation Act, as amended, 50 U.S.C.A. Appendix, § 1191(c). It is based upon a Renegotiation Agreement between the parties, dated September 4, 1946, under which defendant agreed to pay plaintiff the sum of $644,893 as the amount of excessive profits derived by defendant from its war contracts,…