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LOCKHEED AIRCRAFT CORPORATION v. UNITED STATES

No. 46-65.

426 F.2d 322 (1970)

LOCKHEED AIRCRAFT CORPORATION v. The UNITED STATES.

United States Court of Claims.

May 15, 1970.

Attorney(s) appearing for the Case

Numa L. Smith, Jr., Washington, D. C., attorney of record, for plaintiff. Charles D. Woodruff, Burbank, Cal., Clarence T. Kipps, Jr., and Miller & Chevalier, Washington, D. C., of counsel.

M. Morton Weinstein, Washington, D. C., with whom was Asst. Atty. Gen. William D. Ruckelshaus, for defendant. Steven L. Cohen, Washington, D. C., of counsel.

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

DAVIS, Judge.

This is a follow-up of Lockheed Aircraft Corp. v. United States, 375 F.2d 786, 179 Ct.Cl. 545 (1967). As recited in that opinion, the Government and Lockheed entered into three fixed-price incentive contracts1 for the production of a number of F-104 aircraft: Contract AF-27378 in 1954 and contracts AF-33700...

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