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GENERAL DYNAMICS CORP. v. UNITED STATES

No. 352-80C.

671 F.2d 474 (1982)

GENERAL DYNAMICS CORPORATION v. The UNITED STATES.

United States Court of Claims.

February 10, 1982.

Attorney(s) appearing for the Case

Herbert L. Fenster, Washington, D. C., attorney of record, for plaintiff; D. Michael Fitzhugh, Frederic M. Levy, McKenna, Conner & Cuneo, and David A. Rich, Washington, D. C., of counsel.

Stephen G. Anderson, with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, and KASHIWA and BENNETT, Judges.

ON PLAINTIFF'S MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT ON DEFENDANT'S COUNTERCLAIMS AND FOR SUMMARY JUDGMENT ON ITS PETITION

FRIEDMAN, Chief Judge:

The issues before us relate primarily to the basis for determining the damages resulting from the plaintiff's alleged breach of its contract to supply equipment to the government. The Department of Transportation Contract Appeals Board ("the Board") decided that the existing, rather than a...

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