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Real Property
Breach of Contract
Cooperative Farming Agreements

Jay Hymas dba Dosman Farms v. The United States

Published: Aug. 16, 2014 | Result Date: Jul. 25, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 13-291 C Bench Decision –  Plaintiff in part

Court

U.S. Court of Federal Claims


Attorneys

Plaintiff

James P. Schaefer


Defendant

Douglas G. Edelshick


Facts

JJay Hymas, doing business as Dosman Farms, filed a complaint against the United States in connection with the denial of plaintiff's request for an award of a cooperative farming agreement.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the U.S. Fish and Wildlife Service's rejection violated the Competition in Contracting Act and several other federal laws.

DEFENDANT'S CONTENTIONS:
The Fish and Wildlife Service asserted that it denied plaintiff's application because it utilized a priority system, and plaintiff did not satisfy the "priority system" selection process. The government then moved to dismiss plaintiff's complaint.

Result

Ultimately, the court denied the government's motion to dismiss. The court afforded plaintiff injunctive relief.


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