United States v. Newport News Shipbuilding & Dry Dock Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. Action by the Newport News Shipbuilding & Dry Dock Company against the United States. Judgment for plaintiff, and defendant brings error. This is a writ of error to a judgment of the-Circuit Court of the United States for the Eastern District of Virginia, in a suit brought under Act March 3, 18S7, c. 359, 24 Stat. 505 (U. S. Comp.
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In Error to the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. Action by the Newport News Shipbuilding & Dry Dock Company against the United States. Judgment for plaintiff, and defendant brings error. This is a writ of error to a judgment of the-Circuit Court of the United States for the Eastern District of Virginia, in a suit brought under Act March 3, 18S7, c. 359, 24 Stat. 505 (U. S. Comp. St. 1901, p. 752), commonly known as the “Tucker Act,” wherein the Newport News Shipbuilding & Dry Dock, Company (defendant in error) was plaintiff, and the United…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). The findings of fact and conclusions of law by the learned judge who tried this case below clearly present the points involved in this controversy. The findings of fact are supported by the evidence, and we are therefore not inclined to interfere with the same. The rule that a contract is to be construed most strongly against the party preparing it is well settled, and applies to the government in a case like this as well as to an individual. In the case of Garrison v. United States, 7 Wall. 688, 19 L. Ed. 277, the court, among other things, said:
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2Cases cited13 opinions
- United States v. MooreSupreme Court of the United States · 1878
- United States v. State Bank of NCSupreme Court of the United States · 1832
- Brawley v. United StatesSupreme Court of the United States · 1878
- Edward's Lessee v. DarbySupreme Court of the United States · 1827
- Nash v. TowneSupreme Court of the United States · 1867
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3Cited by6 opinions
- First Nat. Bank of Anamoose v. United StatesCourt of Appeals for the Eighth Circuit · 1913
- Scully v. United StatesDistrict Court, D. Nevada · 1912
- United States v. George A. Fuller Co.District Court, D. Kansas · 1923
- Locke v. McMurryCourt of Appeals for the Eighth Circuit · 1923
- Ohio Sav. Bank & Trust Co. v. Willys Corp.Court of Appeals for the Third Circuit · 1926
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