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SUN SHIPBUILDING & DRY DOCK CO. v. UNITED STATES

No. 756-71.

461 F.2d 1352 (1972)

SUN SHIPBUILDING & DRY DOCK COMPANY v. The UNITED STATES.

United States Court of Claims.

June 16, 1972.

Attorney(s) appearing for the Case

John J. Runzer, Philadelphia, Pa., attorney of record, for plaintiff; E. Parry Warner and Pepper, Hamilton & Scheetz, Philadelphia, Pa., of counsel.

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

Michael Joseph, Washington, D. C., attorney of record, for third-party Prudential Grace Lines, Inc.; Kominers, Fort, Schlefer & Boyer, J. Alton Boyer, and Marcus B. Slater, Jr., Washington, D. C., of counsel.

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

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DISMISSING THE PETITION OR IN THE ALTERNATIVE FOR AN ORDER SUSPENDING PROCEEDINGS PENDING EXHAUSTION OF ADMINISTRATIVE PROCEEDINGS, AND ON THIRD-PARTY DEFENDANT'S MOTION TO VACATE AND QUASH SERVICE OF THIRD-PARTY NOTICE

DAVIS, Judge:

Under the tripartite scheme well known to the American maritime world, plaintiff Sun Shipbuilding & Dry Dock Company agreed to construct four general cargo ships for shipowner Grace...

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