Legal Opinion

Toyo Menka Kaisha, Ltd. v. United States

United States Court of Claims

Decided May 16, 1979No. 427-76PublishedCited by 32 opinions

1Opinion of the Court 1

COUNTS I AND II OF THE PETITION AND plaintiff’s MOTION FOR SUMMARY JUDGMENT

2Opinion of the Court · FriedmanFriedman, Chief Judge

This is an action for damages based upon the government’s alleged breach of a contract to sell surplus rice to the plaintiff. The contract was awarded through competitive bidding. In a suit by an unsuccessful bidder, the district court held that the contract was invalid and enjoined the government from performing it. The plaintiff has moved for summary judgment, and the government has moved to dismiss the two counts of the petition charging breach of contract. We heard oral argument.

We deny the plaintiffs motion for…

3Cases cited5 opinions

  1. John Reiner & Company, Individually and to the Use of Kurz & Root Company (Incorporated) v. The United StatesUnited States Court of Claims · 1963
  2. Prestex Inc. v. The United StatesUnited States Court of Claims · 1963
  3. United States v. EllicottSupreme Court of the United States · 1912
  4. Albano Cleaners, Inc. v. United StatesUnited States Court of Claims · 1972
  5. Mid-West Construction, Ltd. v. The United StatesUnited States Court of Claims · 1968

4Cited by32 opinions

  1. Honeywell, Inc. v. The United States v. Haz-Tad, Inc.Court of Appeals for the Federal Circuit · 1989
  2. The United States v. Amdahl CorporationCourt of Appeals for the Federal Circuit · 1986
  3. Monument Realty LLC v. Washington Metropolitan Area Transit AuthorityDistrict Court, District of Columbia · 2008
  4. Southern Foods Group, L.P. v. State, Department of EducationHawaii Supreme Court · 1999
  5. PCI/RCI v. United StatesUnited States Court of Federal Claims · 1996

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