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S&E CONTRACTORS, INC. v. UNITED STATES

No. 70-88.

406 U.S. 1 (1972)

S&E CONTRACTORS, INC. v. UNITED STATES.

Supreme Court of United States.

Reargued March 20, 1972.

Decided April 24, 1972.

Attorney(s) appearing for the Case

Geoffrey Creyke, Jr., reargued the cause for petitioner. With him on the briefs was John P. Wiese.

Irving Jaffe reargued the cause for the United States. On the brief were Solicitor General Griswold, Assistant Attorney General Gray, Samuel Huntington, and Walter H. Fleischer.

Briefs of amici curiae urging reversal were filed by Edward L. Wright, Beverly C. Moore, F. Trowbridge vom Baur, Overton A. Currie, Marshall J. Doke, Jr., Gilbert A. Cuneo, George M. Coburn, Eldon H. Crowell, and John A. McWhorter for the American Bar Association, and by Harold C. Petrowitz, pro se.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The question presented in this case is whether the Department of Justice may challenge the finality of a contract disputes decision made by the Atomic Energy Commission (AEC) in favor of its contractor, where the contract provides that the decision of AEC shall be "final and conclusive." Section 1 of the Wunderlich Act leaves open for contest a claim that "is fraudulent...

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