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-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, H/ZApF4FU1zw9H42g7ZWQ9a7EinSWfNGyj6dnZjrV9eO7sgh7Mdz1gi+iT8L3+3s DiS8+g5KA+4+X7vojHAuuQ== 0000950133-03-000817.txt : 20030318 0000950133-03-000817.hdr.sgml : 20030318 20030318173005 ACCESSION NUMBER: 0000950133-03-000817 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030317 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030318 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GENERAL DYNAMICS CORP CENTRAL INDEX KEY: 0000040533 STANDARD INDUSTRIAL CLASSIFICATION: SHIP & BOAT BUILDING & REPAIRING [3730] IRS NUMBER: 131673581 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-03671 FILM NUMBER: 03608273 BUSINESS ADDRESS: STREET 1: 3190 FAIRVIEW PARK DRIVE CITY: FALLS CHURCH STATE: VA ZIP: 22042 BUSINESS PHONE: 7038763000 MAIL ADDRESS: STREET 1: 3190 FAIRVIEW PARK DR CITY: FALLS CHURCH STATE: VA ZIP: 22042 8-K 1 w84593e8vk.htm FORM 8-K e8vk

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D. C. 20549

Form 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported) March 18, 2003 (March 17, 2003)

GENERAL DYNAMICS CORPORATION
(Exact name of registrant as specified in its charter)


Delaware	1-3671	13-1673581

(State or other jurisdiction	(Commission	(IRS Employer




of incorporation)	File Number)	Identification No.)


3190 Fairview Park Drive, Falls Church, Virginia		22042-4523

(Address of principal executive offices)		(Zip Code)

(703) 876-3000

Registrant’s telephone number, including area code

Item 5. Other Events

On March 18, 2003, General Dynamics Corporation issued a press release announcing that on March 17, 2003, the U.S. Court of Appeals for the Federal Circuit vacated the U.S. Court of Federal Claims’ judgment in favor of the government in the A-12 case and remanded the case to the trial court for further proceedings. The press release is attached as an exhibit to this Current Report on Form 8-K and is incorporated herein by reference.

Item 7. Financial Statements and Exhibits

(c ) Exhibits.


Exhibit 99		Press Release dated March 18, 2003.

-2-

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.


	GENERAL DYNAMICS CORPORATION

	by	/s/ John W. Schwartz

		John W. Schwartz Vice President and Controller (Authorized Officer and Chief Accounting Officer)

Dated: March 18, 2003

-3- EX-99 3 w84593exv99.htm EXHIBIT 99 exv99

EXHIBIT 99.1

GENERAL DYNAMICS


3190 Fairview w Park Drive
Falls Church, VA 22042-4523
www.generaldynamics.com		News

		March 18, 2003
		Contact: Norine Lyons
		Tel 703 876 3190
		Fax 703 876 3186
		nlyons@geraldynamics.com

General Dynamics Looks Forward to Additional A-12 Proceedings

Appeals Court remand sustains company’s belief that delay was an inadequate basis for termination.

FALLS CHURCH, Va. – On March 17, 2003, the U.S. Court of Appeals for the Federal Circuit vacated the U.S. Court of Federal Claims’ judgment in favor of the government in the A-12 case and remanded the case to the trial court for further proceedings. The Court of Appeals found that the trial court misapplied the controlling legal standard in concluding that the termination for default could be sustained solely on the basis of the contractors’ inability to complete the first flight of the first test aircraft by December 1991. Rather, the Court of Appeals held that in order to uphold a termination for default the trial court would have to determine that there was no reasonable likelihood that the contractors could perform the entire contract effort within the time remaining for performance.

“We believe the ruling of the Court of Appeals sustains our longstanding belief that the short delay in accomplishing the first flight for this new aircraft could not serve as the basis for the drastic sanction of a termination of default,” said Kendell Pease, General Dynamics spokesperson. “We look forward to the opportunity to persuade the Federal Claims Court that the government cannot demonstrate that the contractors could not have performed the entire contract effort within the time remaining for performance,” Pease added.

General Dynamics, headquartered in Falls Church, Virginia, employs approximately 56,000 people worldwide and had 2002 revenues of $13.8 billion. The company has leading market positions in land and amphibious combat systems, mission-critical information systems and technologies, shipbuilding and marine systems, and business aviation. More information about the company can be found on the World Wide Web at www.generaldynamics.com.

# # #

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	General Dynamics Looks Forward to Additional A-12 Proceedings

	Appeals Court remand sustains company’s belief that delay was an inadequate basis for termination.

	FALLS CHURCH, Va. – On March 17, 2003, the U.S. Court of Appeals for the Federal Circuit vacated the U.S. Court of Federal Claims’ judgment in favor of the government in the A-12 case and remanded the case to the trial court for further proceedings. The Court of Appeals found that the trial court misapplied the controlling legal standard in concluding that the termination for default could be sustained solely on the basis of the contractors’ inability to complete the first flight of the first test aircraft by December 1991. Rather, the Court of Appeals held that in order to uphold a termination for default the trial court would have to determine that there was no reasonable likelihood that the contractors could perform the entire contract effort within the time remaining for performance.

	“We believe the ruling of the Court of Appeals sustains our longstanding belief that the short delay in accomplishing the first flight for this new aircraft could not serve as the basis for the drastic sanction of a termination of default,” said Kendell Pease, General Dynamics spokesperson. “We look forward to the opportunity to persuade the Federal Claims Court that the government cannot demonstrate that the contractors could not have performed the entire contract effort within the time remaining for performance,” Pease added.

	General Dynamics, headquartered in Falls Church, Virginia, employs approximately 56,000 people worldwide and had 2002 revenues of $13.8 billion. The company has leading market positions in land and amphibious combat systems, mission-critical information systems and technologies, shipbuilding and marine systems, and business aviation. More information about the company can be found on the World Wide Web at www.generaldynamics.com.