SCM Corp.

“This case is before the court on defendant’s motion to dismiss, plaintiff’s cross-motion for summary judgment, and defendant’s motion for suspension of proceedings on plaintiff’s cross-motion for summary judgment. Plaintiff contracted with defendant for the manufacture of equipment. Under the contract, plaintiff was to be paid upon completion of Phase I of the contract, and in accordance with an incentive price revision clause. After completion of Phase I, plaintiff forwarded to defendant a contract pricing proposal. Government auditors came to plaintiff’s plant for a price audit on August…