v2669-1260

48

The remaining Specifications of Error all relate to the

Trial Court's Conclusions of Law. These specifications

thus involve only the legal issues discussed above and

which the Trial Court properly resolved in favor of

Birnie.

CONCLUSION.

Birnie, unsatisfied with a legitimate and reasonable

profit, seeks to have this Court depart from sound legal

precedent and common logic in order to reach a most

inequitable result a result which would release him re-

troactively and unfairly from his binding and legal con-

tractual commitment to refrurn excess profits in excess of

10% of the contract price. The Trial Court quite prop-

erly rejected this unsound and inequitable effort. We

respectfully submit that, in view of the reasons set forth

above, this Court should do likewise and should affirm the

judgment of the District Court against appellant Birnie.

Dated, San Francisco, California,

June 20, 1951.

Respectfully submitted,

Bruce Walkup,

Willis S. Slusser,

Thelen, Marrin, Johnson & Bridges,

Attorneys for Appellee,

The Permanente Metals Corporation.

(Appendices A and B Follow.)

---

archive.org Volume Name: govuscourtsca9briefs2669

Volume: http://archive.org/stream/govuscourtsca9briefs2669

Document Link: http://archive.org/stream/govuscourtsca9briefs2669#page/n1259/mode/1up

Top Keywords (auto-generated):

birnie, specifications, result, respectfully, inequitable, excess, appendices, willis, walkup, view, unsound, unsatisfied, unfairly, troactively, tractual

Top Key Phrases (auto-generated):

walkup willis, tractual commitment, thus involve, thelen marrin, submitted bruce, specifications thus, slusser thelen, san francisco, respectfully submitted, respectfully submit, remaining specifications, refrurn excess, quite prop, properly resolved, prop erly

Document Status: UGLY