Monolith Portland Midwest Co. v. Reconstruction Finance Corp.

This’ case concerns the War Mobilization and Reconversion Act of 1944, Act of Oct. 3, 1944, c. 480, 58 Stat. 785 , 50 U.S.C.A. Appendix, §§ 1651 to 1678, hereafter referred to as the Reconversion Act and the Contract Settlement Act of 1944, Act of July 1, 1944, c. 358, 58 Stat. 649 , 41 U.S. C.A. §§ 101-125, hereafter referred to as the Settlement Act and the rights of a contracting party (plaintiff) whose contract with the defendant, Reconstruction Finance Corporation, was allegedly terminated under the above Acts. A previous case by the same plaintiff against the same defendant in this court, No. 6082-B, and seeking practically the same relief, was dismissed by Judge Beaumont on January 25, 1949, and the judgment of dismissal was subsequently affirmed on appeal in Monolith Portland Midwest Co. v. Reconstruction Finance Corporation, 9 Cir., 1949, 178 F.2d 854 , certiorari denied, 1950, 339 U.S. 932 , 70 S.Ct. 668 , 94 L.Ed. —, which wiil be hereinafter referred to as the Monolith case. The present case varies from the prior proceeding only in that since the Monolith decision, the plaintiff has exhausted its administrative remedies under the acts referred to above, and has so…