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INGALLS SHIPBUILDING, INC. v. U.S.

No. 88-1203.

857 F.2d 1448 (1988)

INGALLS SHIPBUILDING, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 29, 1988.

Attorney(s) appearing for the Case

David V. Anthony, Pettit & Martin, Washington, D.C., argued for plaintiff-appellee. With him on the brief were Gregory A. Smith, Paul C. Fuener and Maryanne R. Lavan. Also on the brief were Norman L. Roberts, William J. Powers, Jr. and N. French Caldwell, Ingalls Shipbuilding, Inc., Pascagoula, Miss.

Helene M. Goldberg, Senior Trial Counsel, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With her on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Michael F. Hertz, Directors and Robert L. Ashbaugh, Deputy Director.

Before ARCHER and MAYER, Circuit Judges, and BALDWIN, Senior Circuit Judge.

MAYER, Circuit Judge.

OPINION

This is an appeal from a decision of the United States Claims Court, 13 Cl.Ct. 757 (1987), which, as a discovery sanction under RUSCC 37(b)(2)(A), precluded the government from introducing any evidence that the Ingalls Shipbuilding Division of Litton Systems, Inc. (Litton) engaged in fraud in establishing its claim for an equitable adjustment on its government contract to construct nuclear submarines, and entered judgment for...

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