United States v. John C. Grimberg Co.

83-506, 83-511
Gov. Contract

Question(s) Presented

1. “Whether the Claims Court lacks jurisdiction to grant equitable relief in a suit brought after a contract has been awarded.” 2. “Whether the Claims Court erred in transferring the case.”


1. “We hold that exercise of the equitable power granted the Claims Court in 28 U.S.C. § 1491(a)(3) (amended 1982) is limited to cases in which complaints are filed in the Claims Court before the involved contracts have been awarded, and that the Claims Court therefore lacked jurisdiction to hear and determine the present demand for equitable relief filed after the involved contracts were awarded.” 2. “The district court, as judge of its own jurisdiction, may decide on review of the complaint and government arguments, if any, presented to it, that it does not have jurisdiction in this post-award case, and that the case is not therefore one that could have been brought as set forth in [28 U.S.C.] § 1631. Nothing presented to us requires that we so hold, or that we vacate the transfer order on that ground.”