United States v. Harvey Steel Co.
227 U.S. 165 (1913)

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U.S. Supreme Court

United States v. Harvey Steel Co., 227 U.S. 165 (1913)

United States v. Harvey Steel Company

Nos. 615, 616

Submitted January 6, 1913

Decided February 3, 1913

227 U.S. 165


The construction given to a contract by this Court is either authoritatively controlling or conclusively persuasive in a subsequent suit between the same parties, and so held that the contentions relied on in this case as to the contract heretofore construed in United States v. Harvey Steel Co., 196 U. S. 310, are, in the light of that decision, so frivolous that the judgment of the Court of Claims following it should be affirmed without further argument.

United States v. Harvey Steel Co., 196 U. S. 310, followed to effect that the government is liable for royalties on the Harvey process even though every element thereof was not used on the plates involved in this action, and even though the contractor furnishing the plate and who used the process by permission of the United States was not specifically required to use it.

46 Ct.Cl. 298 affirmed.

The facts, which involve the construction of a contract with the United States for use of a steel hardening process and the effect of the prior construction thereof by this Court in a suit between the same parties, are stated in the opinion.

Page 227 U. S. 166

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