Legal Opinion

Bayou Land & Marine Contractors, Inc. v. United States

United States Court of Claims

Decided August 8, 1991No. 583-87CPublishedCited by 7 opinions

1Opinion of the Court

OPINION

NETTESHEIM, Judge.

The issues to be decided on cross-motions for summary judgment are twofold. The first is whether the parties’ contract apprised a reasonably prudent contractor that marine divers would be required in the placement of pier timber bracings in the Mississippi River to repair a wharf deck at a small Navy boat landing. The second is, assuming that the contract was ambiguous, whether the ambiguity was patent or latent. The case was reassigned to this judge after argument had been held.

FACTS

The following facts are undisputed. Bayou Land and Marine Contractors, Inc.…

2Cases cited41 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Sweats Fashions, Inc. v. Pannill Knitting Company, Inc.Court of Appeals for the Federal Circuit · 1987
  5. Barmag Barmer Maschinenfabrik Ag v. Murata MacHinery Ltd., and Murata of America, Inc.Court of Appeals for the Federal Circuit · 1984

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3Cited by7 opinions

  1. Crown Laundry & Dry Cleaners, Inc. v. United StatesUnited States Court of Federal Claims · 1993
  2. Conner Brothers Construction Co. v. United StatesUnited States Court of Federal Claims · 2005
  3. District of Columbia v. United StatesUnited States Court of Federal Claims · 2005
  4. Modeer v. United StatesUnited States Court of Federal Claims · 2005
  5. H.B. Zachry Co. v. United StatesUnited States Court of Federal Claims · 1993

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