Whitman v. United States

HOWELL, Judge.

This is an action for an increase in fixed fee in the amount of $126,216.60, under a cost-plus-a-fixed-fee contract. By order of the court dated October ll, 1948, the proceedings in this case were, on defendant’s motion pursuant to old Rule 39(b), limited to the preliminary question of the validity of certain releases furnished by plaintiffs to defendant.

It is plaintiffs’ position that the releases are invalid, and that even if valid, they do not bar the claim here asserted. Defendant contends that the releases are valid, and that they preclude recovery of any increase in…