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DAVID B. LILLY CO., INC. v. U. S.

No. 332-77.

571 F.2d 546 (1978)

DAVID B. LILLY COMPANY, INC., for itself and as Successor in Merger to Delaware Fastener Corp. v. The UNITED STATES.

United States Court of Claims.

February 22, 1978.

Attorney(s) appearing for the Case

Burton A. Schwalb, Washington, D.C., attorney of record, for plaintiff. Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., of counsel.

Bernard M. Brodsky, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant.

Before DAVIS, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges, en banc.

ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

KUNZIG, Judge.

The sole question in this Renegotiation Act case is whether certain orders of the Renegotiation Board (the Board) are valid. Plaintiff, by petition filed in this court on June 10, 1977, alleges (among other asserted grounds, not now before us, for upsetting the Board's determination) that the Board's orders are invalid for lack of a quorum on the date they were signed and mailed. Defendant...

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