Legal Opinion
Martin J. Simko Construction, Inc. v. The United States
Court of Appeals for the Federal Circuit
Decided August 1, 1988No. Appeal 87-1632PublishedCited by 76 opinions
1Opinion of the Court
BALDWIN, Senior Circuit Judge.
The United States appeals from that part of the decision of the United States Claims Court, Martin J. Simko Construction, Inc. v. United States, 11 Cl.Ct. 257 (1986), holding that the Claims Court lacked jurisdiction to entertain the government’s fraud counterclaims and Special Plea in Fraud. We vacate that portion of the trial court’s decision rejecting jurisdiction over the government’s fraud-based defense and counterclaims, and remand with instructions to address the merits of those claims.
BACKGROUND
This dispute arose over a contract, executed in 1978, between…
2Cases cited10 opinions
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- Rubin v. United StatesSupreme Court of the United States · 1981
- Garcia v. United StatesSupreme Court of the United States · 1985
- Cherry Cotton Mills, Inc. v. United StatesSupreme Court of the United States · 1946
- Joseph Morton Co., Inc., Appellant/cross-Appellee v. The United States, Appellee/cross-AppellantCourt of Appeals for the Federal Circuit · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- The Sharman Company, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1993
- Mega Construction Co. v. United StatesUnited States Court of Federal Claims · 1993
- United States v. Incorporated Village of Island ParkDistrict Court, E.D. New York · 1992
- Sterling Millwrights, Inc. v. United StatesUnited States Court of Claims · 1992
- United States v. Wells Fargo Bank, N.A.District Court, S.D. New York · 2013
71 more not listed; retrieve them via the Exa API.