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EVERETT PLYWOOD CORP. v. UNITED STATES

No. 199-75.

651 F.2d 723 (1981)

EVERETT PLYWOOD CORPORATION, a Washington Corporation v. The UNITED STATES

United States Court of Claims.

May 20, 1981.

Attorney(s) appearing for the Case

William F. Lenihan, Seattle, Wash., attorney of record, for plaintiff.

Sigurd Borgersen and Lenihan, Ivers, & McAteer, P.S., Seattle, Wash., of counsel.

Frances L. Nunn, Washington, D. C., with whom was Asst. Atty. Gen., Alice Daniel, Washington, D. C., for defendant.

Before DAVIS, NICHOLS, and KASHIWA, Judges.

OPINION

NICHOLS, Judge:

The issues presented in this breach of contract case are (1) whether, under the doctrines of frustration or sovereign acts, the government may cancel a timber contract because of anticipated environmental damage without being liable for breach damages, (2) if the government is liable what the appropriate measure of damages is, and (3) whether the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (Supp. II 1978) (Act),...

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