Legal Opinion

S&E Contractors, Inc. v. United States

Supreme Court of the United States

Decided April 24, 1972No. 70-88PublishedCited by 105 opinions

1Opinion of the CourtJustice Douglas

The question presented in this case is whether the Department of Justice may challenge the finality of a contract disputes decision made by the Atomic Energy Commission (AEC) in favor of its contractor, where the contract provides that the decision of AEC shall be “final *3and conclusive.” Section 1 of the Wunderlich Act leaves open for contest a claim that “is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial evidence.” 1

Moreover, 41 U. S. C. § 322, provides that “[n]o government contract shall contain a…

2Cases cited27 opinions

  1. United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
  2. Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
  3. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  4. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  5. Vitarelli v. SeatonSupreme Court of the United States · 1959

22 more not listed; retrieve them via the Exa API.

3Cited by105 opinions

  1. Melvin R. Laird, Secretary of Defense v. Arlo TatumSupreme Court of the United States · 1972
  2. Herbert Cooper, United States of America, Ex Rel v. Blue Cross and Blue Shield of Florida, Inc.Court of Appeals for the Eleventh Circuit · 1994
  3. Kentron Hawaii, Ltd. v. WarnerCourt of Appeals for the D.C. Circuit · 1973
  4. Hughes Aircraft Co. v. United StatesUnited States Court of Claims · 1976
  5. Southwest Marine Incorporated v. Richard Danzig 1 , Secretary of the NavyCourt of Appeals for the Ninth Circuit · 2000

100 more not listed; retrieve them via the Exa API.

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