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GENERAL DYNAMICS CORPORATION v. UNITED STATES

No. 161-66.

410 F.2d 404 (1969)

GENERAL DYNAMICS CORPORATION v. The UNITED STATES.

United States Court of Claims.

May 16, 1969.

Attorney(s) appearing for the Case

Gilbert A. Cuneo, Washington, D. C., attorney of record, for plaintiff; Sellers, Conner & Cuneo, Washington, D. C., H. Cushman Dow, Richard L. Peck and Ward W. Waddell, of counsel.

Edgar H. Twine, 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.

OPINION*

SKELTON, Judge.

The plaintiff, a San Diego, California, based corporation, entered into a cost-plus-fixed-fee contract No. AF04(645)-4 with the United States, on or about January 14, 1955, for the research, development, manufacturing, and testing of the Atlas Intercontinental Ballistic Missile, which later became known as the ICBM's. The project was engaged in as a crash program so that the first missile could be fired...

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