Opinion

Bannercraft Clothing Co. v. United States

  • 518 F.2d 605
  • 21 Cont. Cas. Fed. 84,022
  • 207 Ct. Cl. 199
  • 1975 U.S. Ct. Cl. LEXIS 230
Court
United States Court of Claims
Filed
Jun 25, 1975
Status
Published
Author
Davis
On the bench
Bennett, Cowen, Davis, Kashiwa, Kttnzig, Kunzig, Nichols, Skelton
Cited by
4 cases

The opinion

Davis, Judge,

concurring in the result:

This company did not attempt to file any sort of bond within the ten-day period (or a reasonable time thereafter), nor has it ever offered a monetary bond. In this respect the case seems to me to differ significantly from Manufacturers Service Co. v. United States, supra. The Renegotiation Act and our Rule 26 contemplate a monetary bond, not real-property collateral. Perhaps if plaintiff had tendered a timely temporary bond and then later sought to substitute the real-estate collateral, there could be room for the court, in its discretion, to accept the substitution. But plaintiff did not take that route and I agree that its only proffer fails to comply with the statute and the rule. On the jurisdictional issue I join the court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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