Last week the A-12 arguments played out in a federal appeals court for the second time. It was the same court that reversed the earlier judgment in favor of Boeing and General Dynamics.
Boeing lawyer Charles Cooper told the court that the Navy had no basis for declaring the companies had defaulted on the contract because, before the contract was canceled, the Navy had agreed to extend the terms of the original contract without setting a new delivery schedule, according to a report from Bloomberg News.
"You don't default by failure to make progress or failure to make interim milestones," Cooper argued before the three-judge panel.
"Changing the initial contract terms doesn't give you forever," Judge Kimberly Moore of the appeals court told the lawyers.
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Unbuilt A-12 still on trial
The Seattle P-I's James Wallace has a great write-up this morning on the ongoing litigation over the A-12, the carrier-based stealth bomber that then-Defense secretary Dick Cheney canceled in 1991. The best part of the story is this exchange between lawyers and judges in a DC courtroom last week.
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