United States v. Carlo Bianchi & Co., Inc.
373 U.S. 709 (1963)

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U.S. Supreme Court

United States v. Carlo Bianchi & Co., Inc., 373 U.S. 709 (1963)

United States v. Carlo Bianchi & Co., Inc.

No. 529

Argued April 29, 1963

Decided June 3, 1963

373 U.S. 709


The so-called "Wunderlich Act" of May 11, 1954, 68 Stat. 81, provides, in substance, that a departmental decision on a question of fact pursuant to a "disputes" clause in a government contract shall be final and conclusive in accordance with the provisions of the contract,

"unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial evidence."

Held: In a suit on a government contract, apart from questions of fraud, determination of the finality to be attached to a departmental decision on a question arising under a "disputes" clause must rest solely on consideration of the record before the department, and no new evidence may be received or considered. Pp. 373 U. S. 709-718.

157 Ct. Cl. ___, judgment vacated and cause remanded.

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