Maney Aircraft Parts, Inc. v. United States

Per Curiam: In this Wunderlich Act suit, plaintiff’s contract for tank assemblies for C-124 aircraft was terminated *161for default, and plaintiff appealed to the Armed Services Board of Contract Appeals. That tribunal dismissed the appeal as untimely, i.e. taken more than 30 days after receipt of the notice of termination, and this action was then commenced. In addition to the contention that the appeal to the Board was timely, plaintiff argues that, in any event, the issuance of the default notice constituted a breach of contract for which the contractor can sue in this court without pursuing…