C.L. Michner, Inc.

Court of Claims

C.L. Michner, Inc.

618 F.2d 121, 220 Ct. Cl. 641, 1979 U.S. Ct. Cl. LEXIS 130

CourtUnited States Court of Claims

DecidedApril 20, 1979

DocketNo. 280-77

StatusPublished

Cited by1 cases

This text of 618 F.2d 121 (C.L. Michner, Inc.) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C.L. Michner, Inc., 618 F.2d 121, 220 Ct. Cl. 641, 1979 U.S. Ct. Cl. LEXIS 130 (cc 1979).

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Opinion

This case is one of three appealed to the court from a denial of an equitable adjustment by the Department of the Army Corps of Engineers Board of Contract Appeals. It involves legal issues identical to those discussed in the other two cases; the facts are similar yet not identical. The trial judge’s recommended opinion (filed February 27, 1979) is reported in full at 26 CCF para. 83,111. The related case of Sanders Constr. Co. and Ray Kizer Constr. Co. v. United States, Docket No. 277-77, is discussed ante at 639. On April 20, 1979 the court, by order, adopted the recommended decision of Trial Judge Robert J. Yock as the basis for its judgment in this case, granted plaintiffs motion for [642]*642summary judgment, denied defendant’s cross-motion, and remanded the case to the Board for determination of the amount of the equitable adjustment.

On November 20, 1979 a stipulation of dismissal was filed and the petition was dismissed pursuant to Rule 102(a)(l)(ii).

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This case is one of three appealed to the court from a denial of an equitable adjustment by the Department of the Army Corps of Engineers Board of Contract Appeals. It involves legal issues identical to those discussed in the other two cases; the facts are similar yet not identical. The trial judge’s recommended opinion (filed February 27, 1979) is reported in full at 26 CCF para. 83,111. The related case of Sanders Constr. Co. and Ray Kizer Constr. Co. v. United States, Docket No. 277-77, is discussed ante at 639. On April 20, 1979 the court, by order, adopted the recommended decision of Trial Judge Robert J. Yock as the basis for its judgment in this case, granted plaintiffs motion for [642]*642summary judgment, denied defendant’s cross-motion, and remanded the case to the Board for determination of the amount of the equitable adjustment.

On November 20, 1979 a stipulation of dismissal was filed and the petition was dismissed pursuant to Rule 102(a)(l)(ii).

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Bluebook (online)

618 F.2d 121, 220 Ct. Cl. 641, 1979 U.S. Ct. Cl. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cl-michner-inc-cc-1979.

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