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SPACE CORPORATION v. UNITED STATES

No. 328-70.

470 F.2d 536 (1972)

SPACE CORPORATION v. The UNITED STATES.

United States Court of Claims.

December 12, 1972.

Attorney(s) appearing for the Case

James J. Freeman, Washington, D. C., attorney of record, for plaintiff; Lowell J. Bradford and Pierson, Ball & Dowd, Washington, D. C., of counsel.

Michael B. Rosenberg, Washington, D. C., with whom was Asst. Atty. Gen. Harlington Wood, Jr., for defendant; Steven J. Bercik, Elizabeth, N. J., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG, and BENNETT, Judges.

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

KUNZIG, Judge:

In issue in this government contract case is whether Decision No. 10365 of the Armed Services Board of Contract Appeals (the Board) that a missing drawing created an obvious omission will withstand Wunderlich Act Review, 41 U.S.C. §§ 321, 322 (1970). Is the decision so arbitrary and unsupported by substantial evidence or is it so erroneous as a matter...

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