Opinion

Hooten Equipment Co. v. Board of Regents

  • 15 Ct. Cl. 289
Court
West Virginia Court of Claims
Filed
Mar 18, 1985
Status
Published
Author
Gracey
On the bench
Gracey
Cited by
0 cases
Authority
More cited than 12.4%

The opinion

GRACEY, JUDGE:

An opinion of the Court, disallowing this claim, was previously issued. See 14 Ct.Cl. 503 . Claimant filed a petition for rehearing. By Order dated February 24, 1984, the Court granted a rehearing “. . . for the limited purpose of adducing evidence with regard to the following four (4) questions:

1. By whom, and with what direct or indirect reference, if *290 any, to carrousel unit Model No. 1652, as manufactured by SMS Division of Metalers Corp., St. Paul, Minnesota, were the specifications prepared for Item 22 in the contract?

2. Had other carrousels, Model No. 1652, as manufactured by SMS Division of Metalers Corp., St. Paul, Minnesota, previously been manufactured and sold to other purchasers? If so, did such units refrigerate the lower shelf to a temperature of 40 °F?

3. As designed and delivered, and assuming the absence of defects, should the carrousel, Model No. 1652, as manufactured by SMS Division of Metalers Corp., St. Paul, Minnesota, have refrigerated the lower shelf to a temperature of 40 °F?

4. Why did the unit delivered not refrigerate the lower shelf to a temperature of 40 °F?”

The rehearing was on September 28, 1984. From the evidence then presented, the Court finds no basis for amending its previously issued opinion.

Claim disallowed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.