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NORTHERN HELEX CO. v. UNITED STATES

No. 454-70.

634 F.2d 557 (1980)

NORTHERN HELEX COMPANY v. The UNITED STATES.

United States Court of Claims.

October 22, 1980.

Attorney(s) appearing for the Case

Clarence T. Kipps, Jr., Washington, D. C., attorney of record, for plaintiff. John Lloyd Rice, Miller & Chevalier, Washington, D. C., F. Vinson Roach and Dean W. Wallace, Omaha, Neb., of counsel.

Edward J. Friedlander, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. John D. Trezise, Dept. of the Interior, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS, NICHOLS, KUNZIG and SMITH, Judges, en banc.

ON DEFENDANT'S EXCEPTIONS TO THE TRIAL JUDGE'S OPINION

FRIEDMAN, Chief Judge:

This is the third time this case has been before us. It involves the amount of damages to which the plaintiff is entitled for the government's breach a decade ago of a contract under which the plaintiff agreed to produce and supply helium to the government. The government has challenged the recommended decision of Trial Judge Spector, rendered on remand following our reversal of...

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