Mississippi River Fuel Corporation v. The United States

The central factor in this case, for me, is the decision of this court, some three- and-a-half years ago, in Russell Manufacturing Co. v. United States, 146 Ct.Cl. 833, 175 F.Supp. 159 (1959). All agree that that ruling is precisely controlling, unless it is to be overruled as incorrect. The defendant — marshalling all of the points supporting its stand — asks the court to take that step. In responding to the invitation, we must start, in my view, with the premise that the disposition of this case cannot be approached as if Russell Manufacturing had never been decided. The question is not…