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PACIFIC MARITIME ASS'N v. UNITED STATES

Nos. 48895 and 49003.

117 F.Supp. 307 (1953)

PACIFIC MARITIME ASS'N v. UNITED STATES.

United States Court of Claims.

June 2, 1953.

Attorney(s) appearing for the Case

Marion B. Plant, San Francisco, Cal., Brobeck, Phleger & Harrison, San Francisco, Cal., on the briefs, for plaintiff.

Mary K. Fagan, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., for defendant.

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

WHITAKER, Judge.

Defendant files a motion for a rehearing on the ground that our decision in this case is in conflict with our decision in Luff v. United States, 100 F.Supp. 925, 120 Ct.Cl. 682.

The gist of our holding in that case was that where a contractor allows the 90 days to elapse from the findings of the contracting agency without having appealed to the Appeal Board, or without having brought suit in this court...

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