Legal Opinion

Shader Contractors, Inc. And Citizens National Bank of Orlando, Assignee v. United States

United States Court of Claims

Decided April 6, 1960No. 186-58PublishedCited by 35 opinions

1Opinion of the Court

JONES, Chief Judge.

This case comes to us with no substantial factual dispute between the parties. The main question to be answered is whether the contract in suit is one in which the quantity of the services to be performed by plaintiff is measured by the defendant’s requirements or one in which the quantity is fixed and definite.

The plaintiff contractor was awarded a contract by the Department of the Army on June 3, 1955, requiring it to furnish certain services at Camp Hale, Colorado, during the fiscal year which extended from July 1, 1955, to June 30, 1956. Three different types of…

Also in this document: Dissent.

2Cases cited14 opinions

  1. Brawley v. United StatesSupreme Court of the United States · 1878
  2. Marx v. American Malting Co.Court of Appeals for the Sixth Circuit · 1909
  3. Smoot v. United StatesSupreme Court of the United States · 1915
  4. T. B. Walker Mfg. Co. v. Swift & Co.Court of Appeals for the Fifth Circuit · 1912
  5. Sylvan Crest Sand & Gravel Co. v. United StatesCourt of Appeals for the Second Circuit · 1945

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

3Cited by35 opinions

  1. Torncello v. United StatesUnited States Court of Claims · 1982
  2. Mason v. United StatesUnited States Court of Claims · 1980
  3. Alyeska Pipeline Service Co. v. O'KELLEYAlaska Supreme Court · 1982
  4. Harvey v. Fearless Farris Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1979
  5. Donald H. Rumsfeld, Secretary of Defense v. Applied Companies, Inc.Court of Appeals for the Federal Circuit · 2003

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

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