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WARNER v. COX

Nos. 73-1627, 73-2275.

487 F.2d 1301 (1974)

John W. WARNER, Secretary of the Navy, et al., Petitioners, v. Honorable W. Harold COX, United States District Judge for the Southern District of Mississippi, Respondent. On Petition for Writ of Mandamus or Prohibition LITTON SYSTEMS, INC., Plaintiff-Appellee, v. The Honorable John W. WARNER, Secretary of the Navy, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 11, 1974.

Attorney(s) appearing for the Case

Morton Hollander, William D. Appler, Dept. of Justice, Washington, D. C., Robert E. Hauberg, U. S. Atty., Joseph E. Brough, Asst. U. S. Atty., Jackson, Miss., Albert C. Kornblum, Asst. Gen. Counsel, Dept. of the Navy, Washington, D. C., Raymond D. Battocchi, Dept. of Justice, Washington, D. C., for defendants-appellants.

W. Harold Cox, U. S. Dist. Judge, Jackson, Miss., Robert L. Ackerly, Herbert L. Fenster, Washington, D. C., W. Timothy Jones, E. L. Brunini, Jackson, Miss., for plaintiff-appellee.

Before BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.

GEE, Circuit Judge:

On May 1, 1969, Appellee, Litton Systems, Inc. (Litton), and the Navy Department executed a multi-billion dollar contract for the procurement of five large ships, each about the size of an aircraft carrier, described as Landing Helicopter Assault Vessels (LHA). The contract's novel concept, and at least a remote if not a proximate cause of this suit, was "total package procurement." Litton was not only to construct but to design the vessels, a...

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