ALLEN M. CAMPBELL COMPANY v. UNITED STATES

No. 397-70.

467 F.2d 931 (1972)

ALLEN M. CAMPBELL COMPANY, General Contractors, Inc., v. The UNITED STATES.

United States Court of Claims.

October 13, 1972.


Attorney(s) appearing for the Case

Luther P. House, Atlanta, Ga., attorney of record, for plaintiff; Smith, Currie & Hancock, Atlanta, Ga., of counsel.

James F. Merow, Washington, D. C., with whom was Asst. Atty. Gen. Harlington Wood, Jr., for defendant.

Before COWEN, Chief Judge, LARAMORE, Senior Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA and KUNZIG, Judges.


Plaintiff's Motion and Defendant's Cross-Motion for Summary Judgment

COWEN, Chief Judge:

In Mid-West Construction, Ltd. v. United States, 387 F.2d 957, 181 Ct. Cl. 774 (1967), this court held that the Government cannot rescind a validly awarded contract, advertised as a total small business set-aside, where the successful bidder is subsequently declared to be not a small business. Although the facts in this case are somewhat...

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