Bethlehem Steel Corp. v. Grace Line, Inc.’s Empirical Analysis

Citation profile

26 federal appellate · 2 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t is now settled that the fact-disputes clause extends only to controversies re-dressable by specific provisions in the contract. Stated differently, a fact-dispute is one “arising under this contract” only when the disputed fact is capable of complete resolution by a procedure specified in the contract. In consequence, claims which are adjustable under contractual provisions must be submitted for the administrative determinations prescribed by the contract, while claims for breach of contract — those not adjustable in that fashion — may be litigated in a court of competent jurisdiction without previous resort to that procedure.”

   4 later decisions quote this exact passage · from the majority
   e.g. United States v. Medico Industries, Inc. · Rohr Industries, Inc. v. Washington Metropolitan Area Transit Authority

2. ““That phrase — ‘arising under this contract’ — has a lengthy history, throughout which it has commanded widespread acceptance as an unyielding limitation on administrative reference to disputes that can be fully remedied under some stipulation of the contract. As the Supreme Court very recently pointed out, ‘[t]he “arising under” claims subject to final administrative determination are those claims asserted under other clauses of the contract calling for equitable adjustment of the * * * price or extensions of time upon the occurrence of certain events.’ If indeed the Maritime Administration’s purpose had been to recast its disputes clause to free it from that constriction, all it had to do was to eliminate the constricting language. Instead it left it in the new formulation of the disputes clause, and we do not think the new first sentence can be understood to vitiate it. The important consideration here, no less than the Utah Construction, is that ‘the restrictive meaning of the words “arising under this contract” had long since been established when these parties used them,’ and upon that meaning the parties were entitled to rely in the absence of some clear indication that the words were to take on a wholly different significance. We think the new first sentence does not import such a modification. The second sentence, we hold, excludes Grace’s banana reefer claim unless it is subject to full administrative vindication under some other provision of the contracts.” 9”

   1 later decision quote this exact passage · from the majority
   e.g. Patton Wrecking & Demolition Co. v. Tennessee Valley Authority

3. “Article 36. Disputes-Any action, omission, direction, decision or determination of the Board, the Owner or the Contractor under this contract may be the subject of a dispute. Any dispute arising under this contract which is not disposed of by agreement of the parties to this contract, shall be decided by the Chief, Office of Ship Construction, of the Maritime Administration, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor and to the Owner, which decision shall be final and conclusive and shall bind all parties to this contract unless within thirty (30) days from the date of receipt of such copy the Contractor or the Owner appeals from said decision by mailing or otherwise furnishing said Chief, Office of Ship Construction, a written appeal addressed to the Board.”

   1 later decision quote this exact passage · from the majority
   e.g. Patton Wrecking & Demolition Co. v. Tennessee Valley Authority