United States v. Stewart
United States Ex Rel. Brookfield Construction Co., Inc., and Baylor Construction Corp. v. J. George Stewart, Individually and as Architect of the Capitol
Opinion
339 F.2d 753
UNITED STATES ex rel. BROOKFIELD CONSTRUCTION CO., Inc., and Baylor Construction Corp., Appellants, v. J. George STEWART, Individually and as Architect of the Capitol, Appellee.
No. 18932.
United States Court of Appeals District of Columbia Circuit.
Argued November 6, 1964.
Decided November 25, 1964.
Messrs. Robert E. Herzstein and Ralph J. Temple, Washington, D. C., for appellants.
Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Alan Kay, Asst. U. S. Atty., were on the brief, for appellee.
Before BASTIAN, WRIGHT and McGOWAN, Circuit Judges.
PER CURIAM.
1
Appellants in this case brought an action in the nature of mandamus to compel appellee, the Architect of the Capitol, to award them a construction contract on which their joint bid was the lowest. The District Court dismissed the action on a finding that appellee's rejection of appellants' bid was within his statutory authority and that, therefore, the action is in reality one against the United States which is barred by the doctrine of sovereign immunity.
2
In view of the Supreme Court holdings in Larson v. Domestic & Foreign Corp., 337 U.S. 682 , 69 S.Ct. 1457 , 93 L.Ed. 1628 (1949), and, more recently, Malone v. Bowdoin, 369 U.S. 643 , 82 S.Ct. 980 , 8 L.Ed.2d 168 (1962), we feel constrained to affirm the position adopted by the court below.
3
Affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.