Great Lakes Dredge & Dock Co. v. United States

WHITAKER, Judge.

This case is presented to us under rule 39(b) of this court, 28 U.S.C.A.

The defendant says recovery in this case is precluded by the decision of the head of the department on plaintiff’s claim. Plaintiff denies this because it says this decision was arbitrary and capricious. If it was not arbitrary and capricious, recovery is precluded under the Supreme Court’s decision in United States v. Moorman, 338 U.S. 457, 70 S.Ct. 288; Callahan Walker Construction Company v. United States, 317 U.S. 56, 63 S.Ct. 113, 87 L.Ed. 49, and other cases.

The sole issue presented is whether or not…