This is a petition for an equitable determination praying for relief from alleged losses suffered in performance of contracts with the United States during the war. The action is brought under the War Contracts Hardship Claims Act, Public Law 657, 79th Congress, 2nd Session, Ch. 864, 60 Stat. 902, also known as the Lucas Act, 41 U.S.C.A. § 106 note.
After careful examination of the oral arguments and the briefs of counsel and in view of the difficulty of the question of construction of the Lucas Act, as evidenced by a bill proposed in the House of Representatives on March 10, 1949, H.R. 3436, to amend Section 3 of the Lucas Act with respect to redefinition of request for relief; and in view of the novelty of the question of the relation between the First War Powers Act, the Lucas Act, and the Executive Orders issued thereunder; this Court concludes that the motion of the defendant to dismiss should be denied at this time.
The conclusion of this Court is supported by the decision of the United States District Court, District of Columbia, in Warner Construction Co. v. Krug, Secretary of the Interior, et al., 1948, 80 F.Supp. 81, the decision of the United States District Court, Western District of Missouri, W.D., in Stephens-Brown, Inc., v. United States, 1949, 81 F.Supp. 969, and by five very recent decisions of the United States Court of Claims, decided April 4, 1949, in Howard Industries, Inc., v. United States, 83 F.Supp. 337; Modern Engineering Co., Inc. v. United States, 83 F.Supp. 346; Warner Construction Co. v. United States, 83 F.Supp. 344; Milwaukee Engineering & Shipbuilding Co. v. United States, 83 F.Supp. 348; and Spicer v. United States, 83 F.Supp. 345.