Bruno New York Industries Corp. v. The United States

In this contract case, which is to be considered on the record made before the Armed Services Board of Contract Appeals, both parties have moved for summary judgment. These motions were referred to Trial Commissioner William E. Day, under Rule 54(b), for his opinion and recommendation for a conclusion of law. Commissioner Day has submitted an opinion holding for the plaintiff on the first claim of the petition and for the defendant on the second claim. He has recommended that (a) the defendant’s motion should be allowed as to the second claim and the petition dismissed as to that claim, and…