Teledyne Lewisburg v. The United States

This government contract case comes before us on appeal from the United States Claims Court.* It arises in the context of a Wunderlich review of a decision of the Armed Services Board of Contract Appeals. 41 U.S.C. §§ 321, 322 (1976). On appeal by the Government two major issues are posed:(1) whether the trial judge improperly made de novo fact findings; and(2) whether the Government was liable due to warranties made in the contract for delivery of an outdated drawing set to the contractor or whether the contract’s disclaimer relieved the Government of any liability.

Judge Spector held that…