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NVT TECHNOLOGIES, INC. v. U.S.

No. 03-5045.

370 F.3d 1153 (2004)

NVT TECHNOLOGIES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 3, 2004.

Attorney(s) appearing for the Case

William T. Welch, Barton, Baker, McMahon & Tolle, LLP, of McLean, VA, argued for plaintiff-appellant. With him on the brief was John R. Tolle.

Richard S. Ewing, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were David M. Cohen, Director; Bryant G. Snee, Assistant Director; and Wanda Rubianes-Collazo, Attorney.

Before GAJARSA, LINN, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge PROST.

LINN, Circuit Judge.

NVT Technologies, Inc. ("NVT"), appeals from a final decision of the United States Court of Federal Claims, denying NVT's motion for summary judgment and granting the government's cross-motion for summary judgment on the administrative record, in NVT's protest over the final cost comparison determination of a bid evaluation process. NVT...

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