Fru-Con Construction Corp. v. United States

ORDER

MILLER, Judge.

Pursuant to the court’s July 16, 1999 order, the parties submitted supplemental briefs on the award of costs. The issue for decision is whether the court, in its discretion, can and should award defendant costs as the prevailing party, when, after the court issued a judgment in defendant’s favor on the merits post-trial and awarded defendant its costs, the court on plaintiffs motion for reconsideration determined that plaintiff was entitled to recover on one minor claim.

FACTS

The facts of this case, having been discussed amply in the court’s three prior opinions, will not be…