SIKORSKY AIRCRAFT CORP. v. U.S.

Nos. 2013-5096, 2013-5099.

773 F.3d 1315 (2014)

SIKORSKY AIRCRAFT CORPORATION, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 10, 2014.


Attorney(s) appearing for the Case

Jeffrey A. Hall , Bartlit Beck Herman Palenchar & Scott LLP, of Chicago, IL, argued for Plaintiff-Appellant. With him on the brief was Katherine M. Swift. Of counsel on the brief was Karen L. Manos , Gibson, Dunn & Crutcher LLP, of Washington, DC.

James W. Poirier , Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for Defendant-Appellant. With him on the brief were Stuart F. Delery , Assistant Attorney General, Bryant G. Snee , Acting Director, and Stephen J. Gillingham , Assistant Director. Of counsel on the brief were Kathlene P. Malone , Defense Contract Management Agency, of Boston, MA, and David C. Hoffman , Defense Contract Audit Agency, of Fort Belvoir, VA.

Before DYK, TARANTO, and CHEN, Circuit Judges.


Sikorsky Aircraft Corporation ("Sikorsky") has had a number of government contracts that are subject to the government Cost Accounting Standards ("CAS").1 These standards govern the allocation of costs among the various contracts being performed by a government contractor. Allocation of costs between...

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