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GENERAL ELECTRIC COMPANY v. UNITED STATES

No. 370-67.

412 F.2d 1215 (1969)

GENERAL ELECTRIC COMPANY, a Corporation v. The UNITED STATES.

United States Court of Claims.

Reconsideration Denied October 17, 1969.

Attorney(s) appearing for the Case

Francis J. Robinson, Newtown Square, Pa., attorney of record, for plaintiff.

James A. Pemberton, Jr., Washington, D. C., with whom was Asst. Atty. Gen., William D. Ruckelshaus, for defendant.

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

COLLINS, Judge.

In the court's view of this case, the main issue for decision is whether, under the Limitation of Cost article1 included in the instant cost-plus-fixed-fee contract, a contracting officer effectively exercised his discretion in favor of allowing overrun costs to the contractor, after General Electric failed to timely notify the Government of the overrun.

The pertinent peripheral facts, as found by the Armed Services...

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