Legal Opinion
Gulf & Western Industries, Inc. v. United States
United States Court of Claims
Decided February 24, 1982No. 65-80CPublishedCited by 5 opinions
1Opinion of the CourtFriedman, Chief Judge
The defendant has requested interlocutory review, pursuant to Rule 53(c)(2)(ii), of an order of Trial Judge Bernhardt remanding this contract case to the Armed Services Board of Contract Appeals ("the Board”) for a trial de novo before a different hearing member of the Board. The trial judge took the action because of ex parte contacts between the Board member who wrote the Board’s opinion and attorneys for the government.
The defendant does not oppose a remand to the Board. It argues, however, (1) that only the court and not one of its trial judges may direct such a remand, and (2) that the…
2Cases cited10 opinions
- Butz v. EconomouSupreme Court of the United States · 1978
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Taylor v. HayesSupreme Court of the United States · 1974
- Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
- United States v. Carlo Bianchi & Co.Supreme Court of the United States · 1963
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3Cited by5 opinions
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- Bio-Medical Applications of Lewiston, Inc. v. United StatesUnited States Court of Claims · 1989
- Orion Electronic Corp. v. United StatesUnited States Court of Claims · 1982