Cray Research, Inc. v. United States

OPINION AND ORDER

WEINSTEIN, Judge.

This case is before the court on cross-motions for summary judgment. Plaintiff demands damages for defendant’s failure to make the last payment under a contract modification (“Mod 9”) providing for the acquisition of a Cray Y-MP 8/432 computer system (the “Y-MP system”).

Plaintiff claims that Mod 9 converted the underlying base agreement, for the lease or lease-to-ownership plan (LTOP) of Cray’s XMP computer system, into an installment purchase of the Y-MP system. Plaintiff claims that defendant breached the Y-MP purchase agreement (or terminated it for its…