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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.