Johnson

Court of Claims

Johnson

194 Ct. Cl. 1025, 1971 U.S. Ct. Cl. LEXIS 160, 1971 WL 4127

CourtUnited States Court of Claims

DecidedApril 2, 1971

DocketNo. 124-70

StatusPublished

This text of 194 Ct. Cl. 1025 (Johnson) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson, 194 Ct. Cl. 1025, 1971 U.S. Ct. Cl. LEXIS 160, 1971 WL 4127 (cc 1971).

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Opinion

Plaintiff contracted with the Forest Service, Department of Agriculture, to construct roads, parking area, etc. in Ketchi-kan, Alaska. Plaintiff seeks damages, asserting that defendant breached the contract in failing to make periodic payments for rock borrow excavation. This case comes before the court on defendant’s motion for summary judgment. Upon consideration thereof, together with the response in opposition thereto, without oral argument, the court concludes that plaintiff has failed to exhaust its administrative remedies (see Zidell Explorations, Inc. v. United States, 192 Ct. Cl. 331, 334, 427 F. 2d 735, 737 (1970)). On April 2, 1971 the court by order granted defendant’s motion and dismissed plaintiff’s petition, without prejudice, in order that plaintiff may properly exhaust its administrative remedies.

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Plaintiff contracted with the Forest Service, Department of Agriculture, to construct roads, parking area, etc. in Ketchi-kan, Alaska. Plaintiff seeks damages, asserting that defendant breached the contract in failing to make periodic payments for rock borrow excavation. This case comes before the court on defendant’s motion for summary judgment. Upon consideration thereof, together with the response in opposition thereto, without oral argument, the court concludes that plaintiff has failed to exhaust its administrative remedies (see Zidell Explorations, Inc. v. United States, 192 Ct. Cl. 331, 334, 427 F. 2d 735, 737 (1970)). On April 2, 1971 the court by order granted defendant’s motion and dismissed plaintiff’s petition, without prejudice, in order that plaintiff may properly exhaust its administrative remedies.

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Bluebook (online)

194 Ct. Cl. 1025, 1971 U.S. Ct. Cl. LEXIS 160, 1971 WL 4127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-cc-1971.

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