S.G.B. Steel Scaffolding & Shoring Co. v. United States

Newman, Judge:

This action is before the court on plaintiff’s motion for summary judgment under rule 8.2. Defendant opposes the motion on the ground that there exists a material issue of fact that requires resolution by a trial.

The record in S.G.B. Steel Scaffolding & Shoring Co., Inc. v. United States, 70 Cust. Ct. 158, C.D. 4423, 361 F. Supp. 631 (1973), has been incorporated pursuant to plaintiff’s motion. Additionally, both parties have submitted affidavits: Plaintiff’s affidavit by Richard J. Hlavac, chief engineer of S.G.B. Universal Co., Inc; defendant’s affidavit by Albert A. Lotters,…