Allied Materials & Equipment Co. v. United States

In an order of September 30, 1977 post at

902, the court denied defendant’s motion and plaintiffs cross-motion for summary judgment, and remanded the case to the Trial Division. Plaintiff has now moved for a rehearing en banc of its cross-motion for summary judgment. Defendant has filed a brief in opposition.

Briefly, this action was brought to recover anticipatory profits and more on the ground that defendant breached a contract under which plaintiff was to supply cylinder assemblies to the Army. The alleged breach was accomplished by defendant’s sale to a competitor of certain tooling…