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United States v. Carlo Bianchi & Co., Inc., 373 U.S. 709 (1963)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE UNITED STATES COURT OF CLAIMS
Syllabus
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. 709-718.
157 Ct. Cl. ___, judgment vacated and cause remanded.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Carlo Bianchi & Co., Inc., 373 U.S. 709 (1963) in 373 U.S. 709 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4D8F4FADEN8G1JM.
MLA: U.S. Supreme Court. "Syllabus." United States v. Carlo Bianchi & Co., Inc., 373 U.S. 709 (1963), in 373 U.S. 709, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4D8F4FADEN8G1JM.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Carlo Bianchi & Co., Inc., 373 U.S. 709 (1963). cited in 1963, 373 U.S. 709. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4D8F4FADEN8G1JM.
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