Industrial Indemnity Co. v. United States

OPINION

ROBINSON, Judge.

This action is before the Court on Cross-motions for Summary Judgment filed pursuant to Rule 56(b) of the Rules of the United States Claims Court by the plaintiffs and defendant. The plaintiffs are a contractor and its surety. Jurisdiction is conferred upon this Court by 28 U.S.C. § 1491(a)(1) and 41 U.S.C. § 609(a)(1). The claim is founded upon an express contract between the plaintiff FEDCON and the United States. The defendant’s Motion for Summary Judgment is granted and the plaintiffs’ Cross-motion for Summary Judg*352ment is denied for the reasons which follow.

Factual…