Legal Opinion

KMS Fusion, Inc. v. United States

United States Court of Federal Claims

Decided June 26, 1996No. 94-593CPublishedCited by 15 opinions

1Opinion of the Court

OPINION

MILLER, Judge.

This research and development contract case is before the court after trial. KMS Fusion, Inc. (“plaintiff’), seeks recovery under an alleged agreement with the Department of Energy (“DOE”) to pay for close-out work following what DOE views as expiration of a modified contract. At issue are whether DOE breached the contract by failing to continue it beyond the putative expiration date and specifically the effect to be given to the preamble “whereas” clauses in conjunction with the operative language in the body of the modification.

FACTS

On May 1, 1987, DOE, through its…

2Cases cited16 opinions

  1. Gould, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  2. Hol-Gar Manufacturing Corp. v. The United StatesUnited States Court of Claims · 1965
  3. Fortec Constructors v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  4. Beta Systems, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  5. The Firestone Tire & Rubber Company v. The United StatesUnited States Court of Claims · 1971

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3Cited by15 opinions

  1. Westlands Water District v. United StatesUnited States Court of Federal Claims · 2013
  2. Northrop Grumman Corp. v. United StatesUnited States Court of Federal Claims · 2001
  3. General Dynamics Corp. v. United StatesUnited States Court of Federal Claims · 2000
  4. KMS Fusion, Inc. v. United StatesUnited States Court of Federal Claims · 1997
  5. Federal Group, Inc. v. United StatesUnited States Court of Federal Claims · 2005

10 more not listed; retrieve them via the Exa API.

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