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LEVERNIER CONST., INC. v. U.S.

No. 91-5058.

947 F.2d 497 (1991)

LEVERNIER CONSTRUCTION, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 22, 1991.

Attorney(s) appearing for the Case

Beverly L. Anderson, Winston & Cashatt, Spokane, Wash., argued for plaintiff-appellee. Patrick A. Sullivan, Winston & Cashatt, Spokane, Wash., was on the brief.

John E. Kosloske, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Before MICHEL and PLAGER, Circuit Judges, and BENNETT, Senior Circuit Judge.

DECISION

BENNETT, Senior Circuit Judge.

The United States (Government) appeals from the judgment of the United States Claims Court, Levernier Constr., Inc. v. United States, 21 Cl.Ct. 683 (1990) (Levernier I), as amended in 22 Cl.Ct. 247 (1991) (Levernier II). The Claims Court held that the fees incurred by a construction contract claim consultant for the preparation of an equitable adjustment claim which was submitted to the contracting...

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