S&E Contractors, Inc. v. United States

Mr. Justice Brennan,

with whom Mr. Justice White and Mr. Justice Marshall join, dissenting.

This is a suit by petitioner against the United States to recover on a contract between petitioner and the Atomic Energy Commission. The contract included a “disputes clause,” which provided that the Commission would decide any factual disputes that arose under the contract and that its decision would “be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not…