Action Engineering v. Alumina

MEMORANDUM OPINION

I

This contract action was tried to the Court sitting without a jury. On the basis of the facts found and the applicable law, as set forth below, the Court finds that defendant Martin Marietta Alumina (hereinafter “MMA”) breached its contract with plaintiff Action Engineering (hereinafter “Action”). Relief will be in the form of restitution.

II. STATEMENT OF FACTS

This case arises from a contract to construct two bulk lime holding silos at the MMA processing plant on St. Croix. MMA had encountered a variety of problems with its small bag lime handling process. In early 1976 a…