Penner Installation Corporation v. United States

WHITAKER, Judge.

The Government filed a motion for a new trial in this case, which we overruled. It then filed a motion for leave to file a second motion for a new trial, asserting that the issues in this case and in the case of Moorman v. United States, 113 Ct.Cl. 159, 82 F.Supp. 1010, then pending in the Supreme Court on certiorari to this court, were the same, and requesting that if its motion 'for leave to file a second motion was granted, that it be held in abeyance until the Supreme Court’s decision in the Moorman case.

We granted the defendant’s motion, and the Supreme Court has now…