M. Berger Co. v. United States

MARSH, District Judge.

Plaintiff brought this action under the Tucker Act, 28 U.S.C.A. § 1346(a) (2), to recover damages “for breach of contract warranty * * * including sums representing the return of purchase price to plaintiff, damages for transportation and *24storage charges, and damages for loss of plaintiff’s profit.” After answering the complaint, the Government filed a motion for summary judgment, accompanied by a certified copy of the contract and administrative proceedings including the findings and decision of the Navy Panel of the Armed Services Board of Contract Appeals, and averred…