Opinion

The Beryllium Corporation v. The United States

  • 449 F.2d 362
  • 196 Ct. Cl. 12
  • 1971 U.S. Ct. Cl. LEXIS 2
Court
United States Court of Claims
Filed
Oct 15, 1971
Status
Published
Author
Nichols
On the bench
Cowen, Laramore, Durfee, Davis, Collins, Skelton, Nichols
Cited by
11 cases

determining that delivery schedule was subsidiary portion for contract made for the convenience of both parties

How later courts described this case

  • determining that delivery schedule was subsidiary portion for contract made for the convenience of both parties

Written by the judges who cited it.

The opinion

NICHOLS, Judge

(concurring):

I agree with the holding of the court. Since, however, we are not obliged to pass on the deliveries to Continental to justify dismissal of the complaint, and since that issue is close and difficult for reasons that sufficiently appear in the court’s opinion, I would prefer to pass over the Continental deliveries in silence. I doubt very seriously whether the AEC is in error in holding that sales and deliveries to Continental for CCC count as deliveries under its contract.

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.

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