OTIS STEEL PRODUCTS CORPORATION v. UNITED STATES

No. 414-60.

316 F.2d 937 (1963)

OTIS STEEL PRODUCTS CORPORATION v. The UNITED STATES.

United States Court of Claims.

May 10, 1963.


Attorney(s) appearing for the Case

John J. Schlick, Washington, D. C., for plaintiff.

Edgar H. Twine, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.


WHITAKER, Judge.

In response to defendant's invitation to "small business concerns", plaintiff submitted the low bid and was awarded the contract. Later, when plaintiff refused to perform the contract, it was terminated and relet to another at a price above plaintiff's bid. Excess costs were assessed against plaintiff, which it paid. It now sues to recover them.

It alleges that its contract with defendant was unenforceable for two reasons: first, because it...

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