Legal Opinion

Fischbach & Moore International Corp. v. United States

United States Court of Claims

Decided March 19, 1980No. 377-78; No. 386-78PublishedCited by 9 opinions

1Opinion of the CourtDavis, Judge

These two cases, argued in tandem, present the question of whether, under S & E Contractors, Inc. v. United States, 406 U.S. 1 (1972), the heads of two separate procuring agencies could properly refuse to accept a determination of the agency’s board of contract appeals favorable to the contractor, and thus compel the latter to litigate the merits of its claim in this court.1 We hold that the agency heads had no such authority and the contractors are entitled to recover on the basis of the favorable decisions of the boards of contract appeals.

I

No. 377-78:2 In May 1966 plaintiff Fischbach and…

2Cases cited14 opinions

  1. S&E Contractors, Inc. v. United StatesSupreme Court of the United States · 1972
  2. Sol O. Schlesinger, Doing Business as Ideal Uniform Cap Company v. The United StatesUnited States Court of Claims · 1968
  3. H & M Moving, Inc. v. United StatesUnited States Court of Claims · 1974
  4. New York Shipbuilding Corporation v. The United StatesUnited States Court of Claims · 1967
  5. Framlau Corp. v. United StatesUnited States Court of Claims · 1977

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

3Cited by9 opinions

  1. General Dynamics Corp. v. United StatesUnited States Court of Claims · 1982
  2. Boeing Co. v. United StatesUnited States Court of Federal Claims · 2007
  3. L'Enfant Plaza Properties, Inc. v. United StatesUnited States Court of Claims · 1983
  4. Ingalls Shipbuilding, Inc. v. United StatesUnited States Court of Claims · 1987
  5. Peter Kiewit Sons' Co. v. U. S. Army Corps of EngineersDistrict Court, District of Columbia · 1982

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

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