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WESTINGHOUSE ELEC. CORP. v. UNITED STATES

Appeal No. 85-2200.

782 F.2d 1017 (1986)

WESTINGHOUSE ELECTRIC CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 3, 1986.

Attorney(s) appearing for the Case

David V. Anthony, Pettit & Martin, Washington, D.C., argued for appellant. With him on brief were Thomas C. Wheeler and Joseph K. Wiener.

George M. Beasley, III, Senior Trial Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen. and David M. Cohen, Director. Richard L. Hanson, Senior Trial Atty., Office of the Chief Trial Atty., Air Force Contract Law Center, Ohio, of counsel.

Before RICH, DAVIS and NEWMAN, Circuit Judges.

DAVIS, Circuit Judge.

This case, coming to us from the Armed Services Board of Contract Appeals (ASBCA or Board), presents the legal issue of whether a special progress payment clause, promulgated for future contracts by the Department of Defense to deal with a particular situation, is reasonable and lawful. The problem has a complex background with which the ASBCA dealt extensively in its opinion. Westinghouse Electric Corp., 85-1 B.C.A. ¶ 17,910 (1985...

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