Nager Electric Company, Inc. And Keystone Engineering Corporation v. The United States

DAVIS, Judge.

At an earlier stage of this controversy we rejected the Government’s assertion, on its then motion for summary judgment, that plaintiffs’ first cause of action (based on an allegedly improper termination-for-default) should be dismissed as barred by the statute of limitations, but specifically reserved the Government’s alternative ground that the claim is one arising “under the contract” and the plaintiffs failed to exhaust their administrative remedies. We also withheld decision on plaintiffs’ contention that, even if the cause of action is not one for breach of contract,…