
    PENNER INSTALLATION CORPORATION v. UNITED STATES.
    No. 47267.
    United States Court of Claims.
    April 3, 1950.
    Albert Foreman, New York City, M. Carl Levine, Morgulas & Foreman, New York City, were on the brief, for plaintiff.
    John R. Franklin, Washington, D. C., with whom was Assistant Attorney General H. G. Morison, for the defendant.
    Before JONES, Chief Judge, and LITTLETON, WHTTAKER, MADDEN and HOWELL, Judges.
   PER CURIAM.

The motion for a new trial in this case is allowed, the conclusion of law and judgment heretofore entered is withdrawn, and plaintiff’s petition will be dismissed, inasmuch as there is no showing in this case that the contracting officer and-head of the department acted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