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GENERAL MARINE CONST. CORP. v. U.S.

Civ. A. No. 89-0215-WD.

738 F.Supp. 586 (1990)

GENERAL MARINE CONSTRUCTION CORP., Plaintiff, v. UNITED STATES of America, Defendant. UNITED STATES of America, Third-Party Plaintiff, v. PHILLIPS CARTNER & CO., INC., Third-Party Defendant.

United States District Court, D. Massachusetts.

As Revised May 31, 1990.

Attorney(s) appearing for the Case

Joseph S. Mahaley, Patton, Boggs & Blow, Washington, D.C., A. Hugh Scott, Choate, Hall & Stewart, Boston, Mass., for third-party defendant.

Thomas F. Murphy, Jr., Boston, Mass., for plaintiff.

Paul Levenson, Asst. U.S. Atty., Boston, Mass., Gary A. Pasternak, U.S. Army Corps of Engineers, N.E. Div., Waltham, Mass., for U.S.

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

This case involves a potential collision between the procedures mandated by the Contract Disputes Act of 1978, 41 U.S.C. §§ 601 et seq., and those mandated by Fed. R.Civ.P. 14(c), embodying longstanding policies of the admiralty regime.

Under the Contract Disputes Act ("CDA"), claims arising from a contract between the United States government and a private entity must first be presented...

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