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NICON, INC. v. U.S.

No. 02-5097.

331 F.3d 878 (2003)

NICON, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 10, 2003.

Attorney(s) appearing for the Case

James S. Ganther, Ganther Law Office, P.A., of Tampa, FL, argued for plaintiff-appellant.

Allison A. Page, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were David M. Cohen, Director; and Donald E. Kinner, Assistant Director. Of counsel was Thomas D. Dinackus, Attorney.

Before NEWMAN, CLEVENGER, and RADER, Circuit Judges.

Opinion for the court filed by Circuit Judge CLEVENGER. Opinion concurring in part filed by Circuit Judge PAULINE NEWMAN.

CLEVENGER, Circuit Judge.

Nicon, Inc., seeks damages for unabsorbed home office overhead resulting from a delay period between award of a government contract and termination for convenience, during which the government never issued a notice to proceed and Nicon was allegedly forced to remain on "standby." On cross-motions for summary judgment...

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