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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