General Bronze Corporation v. The United States

This contract case, submitted without argument after a Commissioner’s recommended opinion, involves both procedural and substantive issues. We treat the former in Part I and the latter in Part II.

I

Plaintiff agreed to rely for its factual proof on the administrative record of the proceedings before the Appeals Board for the Department of Commerce which was admitted into evidence. The defendant then moved, under former Rule 49(c) (now Rule 67(c)), for dismissal on the ground that, on the facts and the law, the plaintiff had not shown a right to* recover. Due to the pendency of a counterclaim,…