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CRAFT MACH. WORKS, INC. v. U.S.

No. 90-5094.

926 F.2d 1110 (1991)

CRAFT MACHINE WORKS, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 13, 1991.

Attorney(s) appearing for the Case

Marcus B. Slater, Jr., Fort & Schlefer, of Washington, D.C., argued for plaintiff-appellant. With him on the brief were T.S.L. Perlman and William C. Buckhold. Also on the brief was Donald L. Moore, of Grafton, Va.

G. Scott Williams, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Robert M. Hollis. Also on the brief was Helen D. Rosen, Office of Gen. Counsel, Dept. of the Navy, Washington, D.C., of counsel.

Before PLAGER and RADER, Circuit Judges, and FRIEDMAN, Senior Circuit Judge.

RADER, Circuit Judge.

Craft Machine Works, Inc. (Craft) entered into Contract No. 62472-82-C-1455 with the Naval Facilities Engineering Command (NAVFAC) to supply shipbuilding portal cranes. The United States Claims Court read the contract's Cargo Preference Clause to require transportation of completed cranes and components on U.S.-flag vessels. Craft Machine Works, Inc. v. United States, 20 Cl.Ct. 355 (1990). This court reverses and remands.

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