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GREAT LAKES DREDGE & DOCK CO. v. UNITED STATES

No. 45658.

90 F.Supp. 963 (1950)

GREAT LAKES DREDGE & DOCK CO. v. UNITED STATES.

United States Court of Claims.

June 5, 1950.

Attorney(s) appearing for the Case

Arthur J. Phelan, Washington, D. C., Joseph J. Cotter and Hogan & Hartson, Washington, D. C., on the briefs, for plaintiff.

William A. Stern, II, Washington, D. C., H. G. Morison, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN, and HOWELL, Judges.

WHITAKER, Judge.

This case is presented to us under rule 39(b) of this court, 28 U.S.C.A.

The defendant says recovery in this case is precluded by the decision of the head of the department on plaintiff's claim. Plaintiff denies this because it says this decision was arbitrary and capricious. If it was not arbitrary and capricious, recovery is precluded under the Supreme Court's decision in United States v. Moorman, 338 U.S. 457

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