Anthony Grace & Sons, Inc. v. The United States

COWEN, Chief Judge.

In this action plaintiff seeks to recover its bid deposit and damages it allegedly incurred as a result of cancellation by defendant of commitments made by the Department of the Air Force to plaintiff for the construction of a military housing project under the Capehart Act.1 The case is before the court on defendant’s motion for summary judgment on the grounds that plaintiff has failed to exhaust its administrative remedies and fias failed to state a claim for which relief may be granted.

This motion was referred to Trial Commissioner Richard Arens, under Rule 54(b), for…