Northern Helex Co. v. United States

This is the preliminary round in an effort by the Northern Helex Company to recover $83,632,868 allegedly due it as a result of 'an admitted breach by the Government of a contract to purchase helium. On cross motions for summary judgment, we decide the issues of materiality of the defendant’s breach and of claimed waiver by the plaintiff of that default. Only those threshold issues of liability are disposed of today; the critical questions of the validity of the subsequent termination of the contract by the Government and of the recovery of damages by the plaintiff are not before us in any…