Skip to main content
· 6/28/1996

Case, Incorporated v. United States

Citations

  • 88 F.3d 1004
  • 40 Cont. Cas. Fed. 76,945
  • 1996 U.S. App. LEXIS 15858
  • 1996 WL 368745

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the claims in that dispute were not the same because they were “separate and distinct”
  • holding jurisdiction was appropriate based upon fact that two cases arose from same set of facts and circumstances “[did] not alter fact that the two cases involved different claims”
  • explaining that Sharman applied when two claims “involved precisely ‘the same money ”
  • noting that unless the contractor has received a final decision from the contracting officer, jurisdiction does not attach for a CDA claim until “at least 60 days have passed since the date the claim was submitted for a decision”
  • noting that the claim in the pending litigation identified $2.8 million as monetary relief, whereas the claim later presented to the contracting officer sought recovery “over and above” the amount sought in the pending litigation of an additional $1.8 million
  • distinguishing critical fact in Sharman that contractor’s initial claim and government’s subsequent conduct were “mirror images” of same claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Mayer, Plager, Schall

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.