Francis E. Heydt Company v. United States of America, and Richard Cheney, Secretary of Defense, United States Department of Defense

JOHN P. MOORE, Circuit Judge.

Francis E. Heydt Company, a manufacturer of military apparel, sought declaratory and injunctive relief to prohibit the Secretary of Defense, Richard Cheney, (the Secretary) from withholding payments on uniforms delivered under a contract with the Department of Defense (DOD). Although the district court found the claim for payment of invoices properly resided with the Claims Court, it held the Secretary’s failure to afford notice and a hearing before taking the action under the Gratuities Act, 10 U.S.C. § 2207, warranted an award of attorney fees under the Equal…