Opinion

Bell Aircraft Corp. v. United States

100 F. Supp. 661
120 Ct. Cl. 398
41 A.F.T.R. (P-H) 243
1951 U.S. Ct. Cl. LEXIS 17

Court: United States Court of Claims
Filed: Oct 2, 1951
Status: Published
Author: Jones
On the bench: Jones, Madden, Whitaker, Littleton
Cited by: 8 cases

The opinion

JONES, Chief Judge

(dissenting in part).

I would disallow the second item of $986,-963.93.

1 agree that the Contracting Officer’s decision was not necessarily final.

I would allow plaintiff to recover on the item which was paid and later recouped. This item had been approved by the Contracting Officer. Since it had been- paid it manifestly had the approval of the other authorized officers of the Government. In the absence of fraud or mistake this should have been treated as final.

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