Legal Opinion

United States v. Warsaw Elevator Co.

Court of Appeals for the Second Circuit

Decided June 1, 1954No. 277, Docket 23058PublishedCited by 19 opinions

1Opinion of the Court

CLARK, Circuit Judge.

Early in 1951, Warsaw Elevator Company, now the debtor in arrangement proceedings in the court below, entered into a defense production contract with the United States for the manufacture and special packaging of leg hinges and screws for 60 and 80 millimeter mortars. The contract contained provisions for its termination in the event of failure of performance by the contractor and further provided, Article 11(c):

“(c) In the event the Government terminates this contract in whole or in part as provided in paragraph (a) of this clause, the Government may' procure, upon such…

2Cases cited5 opinions

  1. Perkins v. Lukens Steel Co.Supreme Court of the United States · 1940
  2. Lichter v. United StatesSupreme Court of the United States · 1948
  3. Endicott Johnson Corp. v. PerkinsSupreme Court of the United States · 1943
  4. Doehler Metal Furniture Co. v. United StatesCourt of Appeals for the Second Circuit · 1945
  5. Whitney v. DresserSupreme Court of the United States · 1906

3Cited by19 opinions

  1. Trans World Airlines, Inc. v. Howard R. Hughes, and Hughes Tool Company and Raymond M. HollidayCourt of Appeals for the Second Circuit · 1971
  2. Mega Construction Co. v. United StatesUnited States Court of Federal Claims · 1993
  3. United States v. Robert Smith, D/B/A Smith Contracting CompanyCourt of Appeals for the Fifth Circuit · 1963
  4. Astro-Space Laboratories, Inc. v. United StatesUnited States Court of Claims · 1972
  5. H & H Manufacturing Co. v. United StatesUnited States Court of Claims · 1964

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