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NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. v. UNITED STATES

No. 310-64.

374 F.2d 516 (1967)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY v. The UNITED STATES.

United States Court of Claims.

March 17, 1967.

Attorney(s) appearing for the Case

Gerald D. Morgan, Washington, D. C., for plaintiff. H. H. Holt, Jr., Newport News, Va., Lee I. Park, K. Martin Worthy and John W. Pettit, Washington, D. C., of counsel.

James F. Merow, Washington, D. C., with whom was Asst. Atty. Gen. Barefoot Sanders, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

NICHOLS, Judge.*

Plaintiff had a contract with the Navy under which it constructed the aircraft carrier RANGER. Article 6 of the contract provided for an upward or downward adjustment in the contract price for changes in labor and material costs during the period of construction. However, Article 6(e) authorized the contracting officer to deny, in whole or in part, any upward adjustment if he found that it was not required, in whole or...

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