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T. BROWN CONSTRUCTORS, INC. v. PENA

No. 96-1147.

132 F.3d 724 (1997)

T. BROWN CONSTRUCTORS, INC., Appellant, v. Federico PENA, Secretary of Transportation, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 2, 1998.

Attorney(s) appearing for the Case

Douglas Seegmiller, Douglas Seegmiller Law Offices, Albuquerque, NM, argued for appellant. Of counsel on the brief was Gregory D. Huffaker, Jr., Huffaker, Barnes & Conway, P.C., Santa Fe, NM.

Elizabeth W. Newsom, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director,

Kirk T. Manhardt, Assistant Director and Steven J. Gillingham, Attorney. Of counsel was John M. Rippley, Deputy Regional Counsel, U.S. Department of Transportation, Federal Highway Administration, of Lakewood, CO.

Before NEWMAN, PLAGER and RADER, Circuit Judges.

PLAGER, Circuit Judge.

T. Brown Constructors, Inc. ("Brown") appeals from a decision of the Department of Transportation Board of Contract Appeals ("Board") in DTBCA No.1986, dated August 18, 1995. We affirm-in-part and reverse-in-part.

I. BACKGROUND

On December 4, 1984, Brown and the Federal Highway Administration ("FHWA" or "Government") entered into a contract. Under the contract, Brown was required to perform grading, drainage, and asphaltic...

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