Consolidated Vultee Aircraft Corp. v. United States

RODNEY, District Judge.

This is a motion for summary judgment under Fed.Rules Civ.Proc. Rule 56, 28 U.S.C.A., and such motion has been made by each party. The facts are not in dispute and appear in the pleadings, requests for admissions and answers thereto and affidavits filed.

The action is brought pursuant to Title 28 U.S.C.A. § 1346 to recover amounts allegedly owing and unpaid under a Government cost-plus-fixed-fcc contract, designated as Contract NOa(s) 3505, entered into by the parties on June 30, 1944. The contract covered an estimated cost of $10,256,937.40, for the repair and…