John A. Johnson & Sons, Inc. v. United States

180 Ct. Cl. 969, 1967 U.S. Ct. Cl. LEXIS 252, 1967 WL 8810
United States Court of Claims·Decided July 20, 1967·No. No. 383-59·Published·Cited by 23 cases

Opinion

Per Curiam;:

This case was referred to the late Trial Commissioner Bobert K. McConnaughey with directions to make findings of fact and recommendation for conclusions of law. The commissioner did so in a report and opinion filed on August 18, 1965. Exceptions to the commissioner’s findings and recommended conclusions of law were filed by plaintiff, exceptions to the commissioner’s findings were filed by defendant, and the case has been submitted to the court on oral argument of counsel and the briefs of the parties. Since the court is in agreement with the opinion and recommendation of the commissioner, with modifications, it hereby adopts the same, as modified, as the basis for its judgment in this case, as hereinafter set forth. Plaintiff is, therefore, not entitled to recover increased costs that resulted from delay in delivery of its worksites that occurred before July 21, 1953, but is entitled to recover increased costs that resulted from such delays that occurred after July 21, 1953. Judgment is entered accordingly with further proceedings suspended to allow the parties to return to the Armed Services Board of Contract Appeals for determination of the equitable adjustment to which plaintiff is entitled.

Commissioner McConnaughey’s opinion,

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John A. Johnson & Sons, Inc. v. United States, 180 Ct. Cl. 969, 1967 U.S. Ct. Cl. LEXIS 252, 1967 WL 8810 (cc 1967).

180 Ct. Cl. 969 (John A. Johnson & Sons, Inc. v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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