Monolith Portland Midwest Company, a Corporation v. Reconstruction Finance Corporation, a Corporation

Monolith Portland Midwest Company instituted this suit against Reconstruction Finance Corporation on June 16, 1950. The purpose of the suit is to recover damages because of the termination by R.F.C. of a war contract which had been entered into by Monolith and Defense Plant Corporation, then a subsidiary of R.F.C. On a previous appeal we vacated a judgment entered in favor of R.F.C. and remanded with instructions to grant a jury trial.

The mandate of this court following the previous appeal was filed in the district court on November 18, 1957. On January 19, 1959, before the case had come on for a jury trial, the Administrator of General Services moved to dismiss the action. This motion was made on the ground that the action had abated by reason of the failure to substitute the Administrator of General Services in place of R.F.C. within one year following the effective date of Reorganization Plan No. 1 of 1957. On March 2, 1959, Monolith countered with a motion to substitute the Administrator as defendant in place of R.F.C.

The district court granted R.F.C.’s motion and denied that of Monolith. Findings of fact, conclusions of law and a judgment dismissing the action were…