Legal Opinion

KDH Corp. v. United States

United States Court of Claims

Decided April 30, 1991No. 558-86CPublishedCited by 11 opinions

1Opinion of the Court

OPINION

NETTESHEIM, Judge.

Defendant has moved to dismiss or, in the alternative, for partial summary judgment.1 The case was reassigned to this judge on November 2, 1990, after completion of briefing. Subsequently, argument was held during which defendant raised a new—its third—bar to the Claims Court’s exercising jurisdiction, to wit, that the contractor’s claim had not been submitted to the contracting officer, as required by the Contract Disputes Act of 1978, 41 U.S.C. § 605(a) (1988) (the “CDA”). Since on the date of argument this new issue was on appeal after argument in Dawco…

2Cases cited39 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
  3. Fidelity Construction Company v. The United StatesCourt of Appeals for the Federal Circuit · 1983
  4. Dawco Construction, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  5. Richard L. Thoen v. The United StatesCourt of Appeals for the Federal Circuit · 1985

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3Cited by11 opinions

  1. Maniere v. United StatesUnited States Court of Federal Claims · 1994
  2. Eastern Trans-Waste of Maryland, Inc. v. United StatesUnited States Court of Federal Claims · 1992
  3. Computer Products International, Inc. v. United StatesUnited States Court of Claims · 1992
  4. Aleman Food Services, Inc. v. United StatesUnited States Court of Claims · 1991
  5. National Surety Corp. v. United StatesUnited States Court of Federal Claims · 1994

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