Brown & Son Electric Company v. The United States

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WHITAKER, Judge

(concurring in part and dissenting in part):

I concur in that part of the opinion which holds that the contract was validly awarded to plaintiff in the first instance, and later was wrongfully can-celled. I dissent from the holding that the measure of damages is prescribed by the termination-for-convenience-of-the-Government clause, which was not invoked. My reasons are stated in my dissent in Reiner & Co. v. United States, Ct.Cl., 325 F.2d 438.