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NORTHERN HELEX COMPANY v. UNITED STATES

No. 454-70.

455 F.2d 546 (1972)

NORTHERN HELEX COMPANY v. The UNITED STATES.

United States Court of Claims.

January 21, 1972.

Attorney(s) appearing for the Case

Clarence T. Kipps, Jr., Washington, D. C., atty. of record, for plaintiff; David W. Richmond, John L. Rice, Miller & Chevalier, Washington, D. C., F. V. Roach, Ralph P. Blodgett, Jim W. Krueger, Omaha, Neb., of counsel.

Edward J. Friedlander, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

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

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

DAVIS, Judge.

This is the preliminary round in an effort by the Northern Helex Company to recover $83,632,368 allegedly due it as a result of an admitted breach by the Government of a contract to purchase helium. On cross motions for summary judgment, we decide the issues of materiality of the defendant's breach and of claimed waiver by the plaintiff of that default. Only those threshold...

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