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Locke v. United States

United States Court of Claims
283 F.2d 521 (1960)


Facts

Locke (plaintiff) owned a typewriter repair company. Locke’s business was awarded a requirements contract from the United States (defendant) to provide typewriter repair services to government agencies pursuant to the General Services Administration Federal Supply Schedule Contract GS-09S-1329 (GSA Schedule). Three other typewriter repair businesses were placed on the same requirements contract as potential vendors. It was mandatory for certain federal agencies to use the GSA Schedule requirements contract to obtain typewriter repair services from Locke or the other three vendors, and the federal agencies could choose which of the four vendors to use. Locke operated under the contract for several months and received some business. On February 2, 1956, the United States terminated Locke’s contract for default and removed Locke’s business from the GSA Schedule. Locke filed an appeal with the GSA Schedule’s Board of Review. The Board of Review concluded that Locke’s contract had been terminated without proper clause, but that Locke was not entitled to damages because damages could not be properly determined. Locke appealed to the United States Court of Claims.

Rule of Law

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Issue

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Holding and Reasoning (Jones, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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