# Fs Services, Inc., a Delaware Corporation, as Successor by Merger to Illinois Farm Supply Company, an Illinois Corporation v. The United States

> United States Court of Claims · July 16, 1969 · 413 F.2d 548

URL: https://www.frixlaw.com/law-library/cases/9454724

## Case

- **Full name:** FS SERVICES, INC., a Delaware Corporation, as Successor by Merger to Illinois Farm Supply Company, an Illinois Corporation v. the UNITED STATES
- **Court:** United States Court of Claims
- **Decided:** July 16, 1969
- **Citations:** 413 F.2d 548; 188 Ct. Cl. 874; 24 A.F.T.R.2d (RIA) 5180; 1969 U.S. Ct. Cl. LEXIS 10
- **Precedential status:** Published
- **Opinion:** Concurrence by Nichols
- **Judges:** Cowen, Laramore, Durfee, Davis, Collins, Skelton, Nichols
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9454724

## Opinion text

*556 NICHOLS, Judge,
concurring:
I join in the decision of the court to adopt the commissioner’s recommended decision Per Curiam. I do not understand defendant to deny — it admitted on oral argument — -that if the commissioner’s fact findings are correct, this court’s decisions in Booth Newspapers, Inc. v. United States, 157 Ct.Cl. 886 , 303 F.2d 916 (1962), is wholly controlling as to the law. Defendant’s initial effort before us was to refute some of the findings, but under Rule 66 the presumption is that they are correct, and I do not see defendant’s burden as sustained. Therefore, this case does not stand for any legal proposition except that courts should follow their own precedents when applicable.
Plaintiff, not satisfied with its fact advantage, it is true did argue for a broader view of the law, and defendant then took issue, but this debate is not, as I understand it, in any way reflected in our decision.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9454724. Public record. Not legal advice.