Z.A.N. Co. v. United States

Plaintiff, a government contractor, asserts that its contract was erroneously terminated for default and that the Government first reprocured and is now erroneously assessing against plaintiff the alleged excess costs of procurement in the amount of $104,608.84. The petition filed here, on July 13, 1981, states that it is filed pursuant to Rule 36 and that plaintiff is attempting to obtain further records and information so that it may amend the petition pursuant to Rule 36.

Defendant moves to dismiss the petition for failure to comply with Rule 36 in that (1) the petition does not allege that…