Arlington Trust Co. v. United States

A similar motion, based upon a different ground, was decided adversely to the defendant. 121 C. Cls. 32. The case has gone to trial on the merits before a Commissioner of this Court, and a large volume of testimony and documen*310tary evidence has been received. It would seem, then, that the presentation of this motion has been improperly delayed. The defendant, however, justifies its late presentation by pointing to our decision in Erie Basin Metal Products, Inc. v. United States, No. 50271, 123 C. Cls. 433. It says that our decision in that case, which was contrary to its contentions, is a…