
    PENNER INSTALLATION CORPORATION v. THE UNITED STATES
    [No. 47267.
    Decided April 3, 1950.]
    
      Mr. Albert Foreman for the plaintiff. Messrs. M. Carl Levine, Morgulas <& Foreman were on the brief.
    
      Mr. John R. Franklin, with whom was Mr. Assistant Attorney General H. G. Morison, for the defendant.
   OPINION PER CURIAM

Per Curiam:

The motion for a new trial in this case is allowed, the conclusion of law and judgment [114 C. Cls. 585] heretofore entered is withdrawn, and plaintiff’s petition will be dismissed, inasmuch as there is no showing in this case that the contracting officer and head of the department acted arbitrarily, capricously, or that his decision was so grossly erroneous as to imply bad faith. It is so ordered.  