· 2/23/1978
American Science and Engineering, Inc. v. Joseph A. Califano, Jr., Secretary of the Department of Health, Education, and Welfare
Citations
- 571 F.2d 58
- 24 Cont. Cas. Fed. 82,149
- 1978 U.S. App. LEXIS 12463
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- likening effort to ground jurisdiction in federal question to characterizing it as an APA claim and rejecting both as undercutting Claims Court jurisdiction over contract claims
- “review by the Court of Claims has consistently been held to provide an adequate remedy for an alleged breach of contract by a federal agency”
- “[T]he essence of the action is in contract, and plaintiff cannot ‘by the mystique of a different form of complaint’ make it otherwise.”
- it is of no concern that Claims Court cannot provide the precise equitable relief desired
- \[T]he jurisdiction of the [CFC] over suits grounded in contract is exclusive.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffin, Campbell, Bownes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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