United States v. ACME Process Equipment Co.

Court of Claims

United States v. ACME Process Equipment Co.

177 Ct. Cl. 1112, 171 Ct. Cl. 324

CourtUnited States Court of Claims

DecidedJuly 1, 1966

DocketNo. 349-57

StatusPublished

This text of 177 Ct. Cl. 1112 (United States v. ACME Process Equipment Co.) 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

United States v. ACME Process Equipment Co., 177 Ct. Cl. 1112, 171 Ct. Cl. 324 (cc 1966).

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Opinion

On writ of certiorari to review the action of the United States Court of Claims, 171 Ct. Cl. 324, 347 F. 2d 509, holding that defendant improperly cancelled the contract in suit since the Anti-Kickback Act, 60 Stat. 37, as amended, 74 Stat. 740, 41 U.S.C. sec. 51, does not authorize cancellation of a contract where the contractor violated the law which the Court of Claims said gave the Government only the remedy of a civil suit to recover the amount of the kickback from the offending contractor, the Supreme Court on April 25, 1966, 384 U.S. 917, granted certiorari and on December 5, 1966, 385 U.S. 138, held that the Anti-Kickback Act which clearly expressed a policy hostile to kickbacks, was sufficient authorization for the United States to cancel the contract in suit and reversed the judgment of the Court of Claims with directions to sustain the United States’ right to cancel the prime contract. Rehearing denied January 16,1967.

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On writ of certiorari to review the action of the United States Court of Claims, 171 Ct. Cl. 324, 347 F. 2d 509, holding that defendant improperly cancelled the contract in suit since the Anti-Kickback Act, 60 Stat. 37, as amended, 74 Stat. 740, 41 U.S.C. sec. 51, does not authorize cancellation of a contract where the contractor violated the law which the Court of Claims said gave the Government only the remedy of a civil suit to recover the amount of the kickback from the offending contractor, the Supreme Court on April 25, 1966, 384 U.S. 917, granted certiorari and on December 5, 1966, 385 U.S. 138, held that the Anti-Kickback Act which clearly expressed a policy hostile to kickbacks, was sufficient authorization for the United States to cancel the contract in suit and reversed the judgment of the Court of Claims with directions to sustain the United States’ right to cancel the prime contract. Rehearing denied January 16,1967.

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Bluebook (online)

177 Ct. Cl. 1112, 171 Ct. Cl. 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-acme-process-equipment-co-cc-1966.

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