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LYKES-YOUNGSTOWN CORPORATION v. UNITED STATES

No. 399-67.

420 F.2d 735 (1970)

LYKES-YOUNGSTOWN CORPORATION v. The UNITED STATES.

United States Court of Claims.

January 23, 1970.

Attorney(s) appearing for the Case

J. Alton Boyer, Washington, D. C., for plaintiff, Odell Kominers, Washington, D. C., attorney of record, J. Alton Boyer, Michael Joseph, and Kominers, Fort, Schlefer, Farmer & Boyer, Washington, D. C., of counsel.

Edward J. Friedlander, 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.

ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT

SKELTON, Judge.

This is a suit by a steamship company against the United States for damages for an alleged breach of three construction-differential subsidy contracts involving the construction of twelve ships. (Four ships in each of the contracts.)1

The plaintiff is now, and, at all times relevant to this case, has been engaged in the business of operating...

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