Department of the Army v. Blue Fox, Inc.
Supreme Court of the United States
1Opinion of the CourtChief Justice Rehnquist
An insolvent prime contractor failed to pay a subcontractor for work the latter completed on a construction project for the Department of the Army. The Department of the Army having required no Miller Act bond from the prime contractor, the subcontractor sought to collect directly from the Army by asserting an equitable lien on certain funds held by the Army. The Court of Appeals for the Ninth Circuit held that § 10(a) of the Administrative Procedure Act (APA), 5 U. S. C. § 702, waived the Government’s immunity for the subcontractor’s claim. We hold that §702 did not nullify the long settled…
2Cases cited13 opinions
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