ROCHESTER IRON AND METAL CO. v. the UNITED STATES

DURFEE, Judge, delivered the follow-

ing opinion with which LARAMORE, Judge, concurs, and announced the judgment of the court:

This Congressional reference case presents the issue of whether or not a contractor who received 1,940 tons of steel less than the approximate total tonnage bid upon in an “as is, where is” contract has a legal or equitable claim against the Government for this shortage.1

In 1951 the State Department transferred responsibility for a large quantity of returned lend-lease steel to the Department of Defense, which in turn assigned the steel to the Philadelphia Ordnance…