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SHARP ELECTRONICS CORP. v. McHUGH

No. 2012-1299.

707 F.3d 1367 (2013)

SHARP ELECTRONICS CORPORATION, Appellant, v. John McHUGH, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

February 22, 2013.

Attorney(s) appearing for the Case

Andrew Kenneth Wible , Cohen Mohr, LLP, of Washington, DC, argued for the appellant. Of counsel was Andrew J. Mohr .

Nicholas Jabbour , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Harold D. Lester, Jr. , Assistant Director.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge PLAGER.

DYK, Circuit Judge.

Sharp Electronics Corporation ("Sharp"), a federal supply contractor, submitted a termination compensation claim to the Department of the Army contracting officer ("CO"), and thereafter brought a Contracts Dispute Act ("CDA") claim before the Armed Services Board of Contract Appeals ("ASBCA"). Sharp alleged that because the Army failed to exercise the entirety of the last option year under a delivery order, Sharp was entitled to premature discontinuance...

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