Legal Opinion
In Re Bubble Up Delaware, Inc., a Delaware Corporation, Debtor. Irving Sulmeyer and Arnold Kupetz, Co-Trustees v. United States
Court of Appeals for the Ninth Circuit
Decided August 23, 1982No. 81-5168PublishedCited by 45 opinions
1Opinion of the Court
NELSON, Circuit Judge:
The controversy in this case centers around the proper characterization of a damages clause in a government contract. Specifically, the main issue is whether the clause is an allowable liquidated damages clause or a non-allowable penalty provision. We affirm the district court’s conclusion that the clause was one for liquidated damages. We also affirm the district court’s holding that the government did not fail to perform any condition precedent which would affect its entitlement to liquidated damages.
I. BACKGROUND
In 1970, the debtor, Bubble Up Delaware, Inc. (“Bubble…
2Cases cited17 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
- In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
- Rose Pass Mines, Inc. v. HowardCourt of Appeals for the Fifth Circuit · 1980
- J.B.C. Lockwood, Jr., Successor to Sanford M. Sage, Trustee in Bankruptcy of Emerald Properties, Inc. v. The Wolf Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1980
12 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
- Republic of Nicaragua, a Foreign Sovereign v. Standard Fruit Company, Standard Fruit and Steamship Company, and Castle & Cooke, Inc.Court of Appeals for the Ninth Circuit · 1991
- Mediterranean Enterprises, Inc. v. Ssangyong Corp.Court of Appeals for the Ninth Circuit · 1983
- Effects Associates, Inc. v. CohenCourt of Appeals for the Ninth Circuit · 1990
- In Re OsborneDistrict Court, W.D. Wisconsin · 1984
40 more not listed; retrieve them via the Exa API.