Inquiry Into the Administration and Operation of the Armed Services Board of Contract Appeals: Hearing Before the Subcommittee for Special Investigations of the Committee on Armed Services, House of Representatives, Eighty-fifth Congress, Second Session, Under the Authority of H. Res. 67. Hearing Held December 4, 1958United States. Congress. House. Committee on Armed Services. Subcommittee for Special Investigations U.S. Government Printing Office, 1959 - 149 pages |
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Page 785
... Court of Claims ( 28 U. S. C. 1491 ) . X. Jurisdiction of district courts ( 28 U. S. C. 1346 ) 934 XI . Wunderlich Act ( 41 U. S. C. 321 , 322 ) . ( III ) 934 935 INQUIRY INTO THE ADMINISTRATION AND OPERA- TION OF THE ARMED.
... Court of Claims ( 28 U. S. C. 1491 ) . X. Jurisdiction of district courts ( 28 U. S. C. 1346 ) 934 XI . Wunderlich Act ( 41 U. S. C. 321 , 322 ) . ( III ) 934 935 INQUIRY INTO THE ADMINISTRATION AND OPERA- TION OF THE ARMED.
Page 787
... court of competent jurisdiction to have been fraudulent , or capricious , or arbitrary or so grossly erroneous as necessarily to imply bad faith , or not supported by substantial evidence , be final and conclusive ; provided that , if ...
... court of competent jurisdiction to have been fraudulent , or capricious , or arbitrary or so grossly erroneous as necessarily to imply bad faith , or not supported by substantial evidence , be final and conclusive ; provided that , if ...
Page 789
... Court of Claims , which is the ultimate tribunal for appeals , in these contractual matters ? To these questions the Secretaries again must address themselves . There has come to the attention of this subcommittee , and there will be ...
... Court of Claims , which is the ultimate tribunal for appeals , in these contractual matters ? To these questions the Secretaries again must address themselves . There has come to the attention of this subcommittee , and there will be ...
Page 790
... Court of Claims within 90 days the Secretary's decision . Now , the Secretaries in the Board charter have purported to allow the Board to decide not only questions of fact but questions of law . Did the Government and the contractor ...
... Court of Claims within 90 days the Secretary's decision . Now , the Secretaries in the Board charter have purported to allow the Board to decide not only questions of fact but questions of law . Did the Government and the contractor ...
Page 791
... Court of Claims within 90 days . It is sometimes said that few appeals come to the Court of Claims after having passed through the Board . That may not be so sur- prising in view of the length of time involved in getting through the ...
... Court of Claims within 90 days . It is sometimes said that few appeals come to the Court of Claims after having passed through the Board . That may not be so sur- prising in view of the length of time involved in getting through the ...
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Common terms and phrases
administrative Air Force panel amount answer appeal denied appeal dismissed appeal sustained Armed Services Board Army panel ASBCA Assistant Secretary BATES BAUR Board of Contract Chairman chief trial attorney civilian Coat & Suit Colonel MYERS committee complaint CONGRESS THE LIBRARY Contract Appeals contracting officer contractor counsel Court of Claims COURTNEY CRAWFORD Curtiss-Wright Corp decision delay Department docket EDWARD HÉBERT Engineering expedite filed Fiscal year 1957 Government's hearing HÉBERT HESS HICKMAN involved issue JAGC Judge Advocate July July 23 June 28 June 30 jurisdiction LIBRARY OF CONGRES LIBRARY OF CONGRESS Machine ment military months Navy panel novo opinion P. L. S. Coat parties pending present procedure procurement questions of fact questions of law record Remanded rental representative rules Secretary JOHNSON Sept Suit Corp Termination default TIDWELL tion Total trial de novo Wood-Ridge
Popular passages
Page 916 - The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of [here insert name of witness...
Page 787 - Except as otherwise provided In this contract, any dispute concerning a question of fact arising under this contract which Is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mall or otherwise furnish a copy thereof to the Contractor.
Page 787 - In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph a.
Page 915 - Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the United States or by the laws of the place where the deposition is taken to administer oaths.
Page 787 - The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
Page 935 - ... representative or board is alleged: Provided, however, That any such decision shall be final and conclusive 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.
Page 909 - Vacancies in the Board shall not impair the powers nor affect the duties of the Board nor of the remaining members of the Board.
Page 913 - The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.
Page 913 - In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider (1) The simplification of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof...
Page 915 - RULE 31. DEPOSITIONS OF WITNESSES UPON WRITTEN INTERROGATORIES (a) Serving Interrogatories; Notice. A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken.