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BOWEN-McLAUGHLIN-YORK CO. v. U.S.

Appeal No. 86-1577.

813 F.2d 1221 (1987)

BOWEN-McLAUGHLIN-YORK COMPANY, A DIVISION OF HARSCO CORP., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

March 16, 1987.

Attorney(s) appearing for the Case

Thomas A. Schmutz, Newman & Holtzinger, P.C., Washington, D.C., argued, for appellant. With him on the brief, was Karol Lyn Newman.

Sharon Y. Eubanks, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With her on the brief, were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director. Major Harry Lee Dorsey, Dept. of the Army, Pentagon, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, DAVIS and SMITH, Circuit Judges.

DAVIS, Circuit Judge.

The Claims Court refused to reform appellant's Government contract, a reformation sought because of a mutual mistake in costs, on the ground that the Government had not undertaken to bear the risk of the mutual mistake the parties made. We reverse.

I.

Appellant, Bowen-McLaughlin-York Company (BMY) entered (on March 31, 1977) into a letter contract with the United States Army Tank-Automotive...

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