Piasecki Aircraft Corp. Island Road v. United States

667 F.2d 50, 29 Cont. Cas. Fed. 82,056, 229 Ct. Cl. 208, 1981 U.S. Ct. Cl. LEXIS 608
CourtUnited States Court of Claims
DecidedDecember 2, 1981
DocketNo. 522-78
StatusPublished
Cited by2 cases

This text of 667 F.2d 50 (Piasecki Aircraft Corp. Island Road v. United States) 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
Piasecki Aircraft Corp. Island Road v. United States, 667 F.2d 50, 29 Cont. Cas. Fed. 82,056, 229 Ct. Cl. 208, 1981 U.S. Ct. Cl. LEXIS 608 (cc 1981).

Opinion

PER CURIAM:

This case comes before the court on requests for review, pursuant to Rule 54(b)(3), of the decision of Trial Judge Harry E. Wood, filed September 4, 1980, on the cross-motions of both parties for summary judgment. Upon consideration of the briefs and oral argument, this court concludes that Trial Judge Wood is correct, for the reasons given in his opinion, in denying plaintiffs claim that the default termination of its contract be converted to a termination for the convenience of the government. This court also agrees with Trial Judge Wood’s decision that defendant’s counterclaim for the return of progress payments be granted. We do not agree, however, that defendant is not entitled to interest on the unrepaid progress payments. A general interest clause, not called to the attention of the trial judge but part of the contract nevertheless, provides for such interest.

Accordingly, we adopt as the basis for our judgment those portions of Trial Judge Wood’s opinion that deal with the merits of plaintiffs claim and defendant’s counterclaim, and we substitute our own evaluation of defendant’s claim for interest.

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667 F.2d 50, 29 Cont. Cas. Fed. 82,056, 229 Ct. Cl. 208, 1981 U.S. Ct. Cl. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piasecki-aircraft-corp-island-road-v-united-states-cc-1981.