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HOEL-STEFFEN CONST. CO. v. UNITED STATES

No. 541-78.

684 F.2d 843 (1982)

HOEL-STEFFEN CONSTRUCTION COMPANY v. The UNITED STATES.

United States Court of Claims.

June 30, 1982.

Attorney(s) appearing for the Case

Robert D. Marshall, Atlanta, Ga., attorney of record, for plaintiff. Curtis W. Martin and Griffin, Cochrane & Marshall, Atlanta, Ga., of counsel.

Cynthia C. Cummings, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant.

Before NICHOLS, BENNETT and SMITH, Judges.

OPINION*

NICHOLS, Judge:

This government contract case presents two issues for resolution. First, whether a contracting officer's (CO) refusal to substitute subcontractors is arbitrary and capricious. Second, whether a contract provision which relieves the government of liability for a CO's refusal to substitute subcontractors can preclude recovery where the CO's refusal to substitute is plainly wrong. We hold that, in the instant...

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