hearing held after the District of Columbia allegedly modified contract terms met the dictates of due process
How later courts described this case
- hearing held after the District of Columbia allegedly modified contract terms met the dictates of due process
- no due process violation simply because of combined functions when contract dispute was decided by officials appointed by officer representing the government
Written by the judges who cited it.
The opinion
ROBB, Circuit Judge
(concurring):
I concur in Judge Merhige’s opinion and add a few words.
With full knowledge of the composition, functions and authority of the Contract Appeals Board the Jonal Corporation agreed by contract to submit disputes to the Board for decision. Thereafter without objection Jonal went to hearing before the Board. Only after the Board had rendered an adverse decision and Jonal had filed in the District Court its complaint for money due did the company question the composition of the Board. In these circumstances I think Jonal waived any challenge it might have made and that our decision might be rested upon that ground alone.