CONTINENTAL ORE CORPORATION v. UNITED STATES

Nos. 258-68, 259-68.

423 F.2d 1248 (1970)

CONTINENTAL ORE CORPORATION v. The UNITED STATES.

United States Court of Claims.

March 20, 1970.


Attorney(s) appearing for the Case

Ralph A. Gant, New York City, attorney of record, for plaintiff.

Steven L. Cohen, 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.


DURFEE, Judge.

These two cases, which involve the same question of law, were consolidated for oral argument. Both sides are moving for summary judgment.

Plaintiff entered into two contracts, commonly known as C. & F. contracts, with the Commodity Credit Corporation ("C.C.C."). A C. & F. contract is one in which the seller pays cost and freight to a named destination. Commodity Export Contract OBS-AID-65-83 is the contract involved in Ct.Cl. No. 258...

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