Edward Levy Metals, Inc. v. United States

Per Curiam: :

Plaintiff brought this suit to recover a bid deposit in the amount of $10,446.34, which it claims the Government has wrongfully withheld as liquidated damages. The case is presently1 before the court on plaintiff’s motion for judgment on the pleadings. In its response to plaintiff’s motion, the defendant moved for judgment dismissing plaintiff’s petition. There is no genuine issue as to any material fact. We hold for the plaintiff for reasons hereinafter stated and therefore allow its motion for judgment on the pleadings.

Briefly stated, the facts are as follows. Plaintiff…