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GENERAL DYNAMICS CORP. v. U.S.

Nos. 09-1298, 09-1302.

131 S.Ct. 1900 (2011)

563 U.S. 478

GENERAL DYNAMICS CORP., Petitioner, v. UNITED STATES. The Boeing Co., Successor to McDonnell Douglas Corp., Petitioner, v. United States.

Supreme Court of United States.

Decided May 23, 2011.

Attorney(s) appearing for the Case

Carter G. Phillips , Washington, DC, for petitioner.

Neal Kumar Katyal , Acting Solicitor General, for respondent.

Paul M. Smith , Counsel of Record, David A. Churchill , Elaine J. Goldenberg , Jessica Ring Amunson , Joshua M. Segal , Jenner & Block LLP, Washington, DC, for Petitioner General Dynamics Corporation.

J. Michael Luttig , Executive Vice President & General Counsel, Grant M. Dixton , Lynda Guild Simpson , The Boeing Company, Chicago, IL, Charles J. Cooper , Counsel of Record, Michael W. Kirk , Howard C. Nielson, Jr. , David Lehn , Cooper & Kirk, PLLC, Washington, DC, for Petitioner The Boeing Company.

Justice SCALIA delivered the opinion of the Court.

We consider what remedy is proper when, to protect state secrets, a court dismisses a Government contractor's prima facie valid affirmative defense to the Government's allegations of contractual breach.

I

In 1988, the Navy awarded petitioners a $4.8 billion fixed-price contract to research and develop the A-12 Avenger carrier-based, stealth aircraft. The A-12 proved unexpectedly difficult to design...

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