UNITED STATES v. HANNA NICKEL SMELTING COMPANY

No. 21232.

400 F.2d 944 (1968)

UNITED STATES of America, Appellant, v. HANNA NICKEL SMELTING COMPANY, a corporation, and the Hanna Mining Company, a corporation, Appellees. HANNA NICKEL SMELTING COMPANY, a corporation, and the Hanna Mining Company, a corporation, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 23, 1968.


Attorney(s) appearing for the Case

David L. Rose, (argued) Martin Jacobs, Attys., Dept of Justice, Barefoot Sanders, Asst. Atty. Gen., Washington, D. C., Sidney Lezak, U. S. Atty., Portland, Or., for appellant.

James H. Clarke, (argued) of McColloch, Dezendorf & Spears, Portland, Or., H. Chapman Rose and Ellis H. McKay, of Jones, Day, Cockley & Reavis, Cleveland, Ohio, for appellee.

Before MADDEN, Senior Judge of the United States Court of Claims, and MERRILL and CARTER, Circuit Judges,


JAMES M. CARTER, Circuit Judge.

The United States filed the action below against the appellees (hereafter referred to as Hanna), to recover $1,738,558 for breach of the accounting provisions of a government contract; and also sought an additional $249,598 based upon a claim for reformation of two subsequent contracts between the parties.

The trial court awarded judgment to the United States in the sum of $560,632.89, made up of the following items:

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