· 7/15/1970
Keco Industries, Inc. v. The United States
Citations
- 428 F.2d 1233
- 192 Ct. Cl. 773
- 1970 U.S. Ct. Cl. LEXIS 152
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “the standard of proof to be applied in cases where arbitrary and capricious action is charged should be a high one”
- “[T]he standard of proof to be applied in cases where arbitrary and capricious action is charged should be a high one.”
- “[I]t is an implied condition of a request for bids that each one -will be honestly considered----”
- “Thus (a)(3) made an equitable remedy available when a claim over which the court has jurisdiction (implied contract ünder (a)(1)) is filed in the court before a contract has been awarded.”
- “[I]f it should be determined subsequently by the commissioner that plaintiffs bid was not treated honestly and fairly by the Government, then plaintiff should be allowed to recover only those costs incurred in preparing its technical proposals and bid.”
- “[P]laintiff should be allowed standing to maintain this action [for breach of the implied contract of fair dealing under § 1491(a)(1) ], provided it can give prima facie evidence of arbitrary and capricious action on the part of defendant.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cowen, Laramore, Durfee, Davis, Collins, Skelton, Nichols
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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