TOYO MENKA KAISHA, LTD. v. UNITED STATES

No. 427-76.

597 F.2d 1371 (1979)

TOYO MENKA KAISHA, LTD. v. The UNITED STATES.

United States Court of Claims.

Decided May 16, 1979.


Attorney(s) appearing for the Case

Edmund Pendleton, Washington, D.C., attorney of record, for plaintiff. Anderson, Pendleton, McMahon, Peet & Donovan, Washington, D.C., of counsel.

Frances L. Nunn, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant.

Before FRIEDMAN, Chief Judge, COWEN, Senior Judge, and SMITH, Judge.


ON DEFENDANT'S MOTION TO DISMISS

COUNTS I AND II OF THE PETITION AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

FRIEDMAN, Chief Judge:

This is an action for damages based upon the government's alleged breach of a contract to sell surplus rice to the plaintiff. The contract was awarded through competitive bidding. In a suit by an unsuccessful bidder, the district court held that the contract was invalid and enjoined the government from performing it...

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