UNITED PACIFIC INSURANCE COMPANY v. UNITED STATES

No. 163-73.

497 F.2d 1402 (1974)

UNITED PACIFIC INSURANCE COMPANY v. The UNITED STATES.

United States Court of Claims.

As Amended October 4, 1974.


Attorney(s) appearing for the Case

Herman L. Fussell, Atlanta, Ga., attorney of record, for plaintiff; McNeill Stokes and Stokes, Boyd & Shapiro, Atlanta, Ga., of counsel.

Bernard M. Brodsky, Buffalo, N. Y., with whom was Acting Asst. Atty. Gen., Irving Jaffe, for defendant, Leslie H. Wiesenfelder, Washington, D. C., of counsel.

Before COWEN, Chief Judge, DURFEE, Senior Judge, and KASHIWA, Judge.


KASHIWA, Judge:

This is an action brought under the general jurisdiction of the court, 28 U.S.C. § 1491 (1970), for review of an administrative decision under the Wunderlich Act, 41 U.S.C. §§ 321, 322 (1970). The plaintiff contests the decision of the Armed Services Board of Contract Appeals (hereinafter referred to as "ASBCA").

The parties filed cross motions for summary judgment. The material facts are not in dispute. Plaintiff's motion for...

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