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MERRILL-STEVENS DRY DOCK & REPAIR CO. v. UNITED STATES

No. 47734.

96 F.Supp. 464 (1951)

MERRILL-STEVENS DRY DOCK & REPAIR CO. v. UNITED STATES.

United States Court of Claims.

Decided April 3, 1951.

Attorney(s) appearing for the Case

Robert V. Smith, Washington, D. C., Robert P. Smith, Joseph W. Kiernan and Smith, Ristig & Smith, all of Washington, D. C., on the briefs, for plaintiff.

Grover C. Sherrod, Washington, D. C., Newell A. Clapp, acting Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

JONES, Chief Judge.

By contract dated September 17, 1942, plaintiff undertook to fabricate for the Charleston Navy Yard bow and stern sections for 43 destroyer-escort vessels. The contract was negotiated; there was no competitive bidding. It was a fixed-price contract providing for payment at a unit price of 9 cents per pound for the finished product. The contract recited an estimated total weight of 9,000,000 pounds, more or less, or about 209,300 pounds, or 105...

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