United States v. Anthony Grace & Sons, Inc.,
384 U.S. 424 (1966)

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U.S. Supreme Court

United States v. Anthony Grace & Sons, Inc., 384 U.S. 424 (1966)

United States v. Anthony Grace & Sons, Inc.

No. 439

Argued March 23, 1966

Decided June 6, 1966

384 U.S. 424


Respondent was the successful bidder on an invitation for bids to construct military housing. It received a letter of acceptability which provided that, unless the contract were closed in a specified time, the Air Force could cancel the bid, which decision, under a disputes clause, was final unless appealed to the Board of Contract Appeals within 30 days. A disagreement arose, the contract was not closed, and the bid was cancelled. Respondent appealed to the Board of Contract Appeals, which dismissed the appeal as untimely without considering the merits of the case. Respondent then filed suit in the Court of Claims to recover its bid deposit and for damages. That court held that the appeal to the Board was timely, and that the Board erred in not reaching the merits. The court then remanded the case to its trial commissioner to make a record and consider the merits. The Government challenged this procedure.

Held: The Court of Claims should have returned the dispute to the Board for consideration of the merits, in accordance with the contractual agreement of the parties. United State v. Carlo Bianchi & Co., 373 U. S. 709, 373 U. S. 717-718. Pp. 384 U. S. 428-433.

170 Ct.Cl. 688, 345 F. 2d 808, reversed.

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