Austin Instrument, Inc. v. Loral Corp.

Steuer,, J. (dissenting).

The facts are virtually undisputed, nor is there any serious question of law. The difficulty lies in the application of the law to these facts.

The defendant in 1965 was awarded a contract by the United States Navy for the manufacture of a number of radar sets. The sets contained almost a thousand different parts, and the defendant subcontracted the manufacture of several of these among various manufacturers. The plaintiff was awarded one of these subcontracts involving 40 different parts. Needless to remark, this was in the period of the Vietnam hostilities, and *393comple…