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AMERICAN SHIP BLDG. CO. v. UNITED STATES

No. 225-74.

654 F.2d 75 (1981)

The AMERICAN SHIP BUILDING COMPANY v. The UNITED STATES.

United States Court of Claims.

July 1, 1981.

Attorney(s) appearing for the Case

Edward M. Shea, Washington, D. C., attorney of record, for plaintiff. Charles Emmet Lucey, William A. Cerillo and McDermott, Will & Emery, Washington, D. C., of counsel.

Ray Goddard, Washington, D. C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant. Robert Giertz, Washington, D. C., of counsel.

Before DAVIS, NICHOLS, and SMITH, Judges.

OPINION

NICHOLS, Judge:

The issues presented in this breach of contract case are (1) whether a contract requirement that performance be completed within 900 days is an affirmative representation or warranty by the government that the contract could, in fact, be completed within the stated time, and (2) whether the government's failure to disclose superior knowledge of delays and cost overruns that occurred in previous...

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