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APPLIED DEVICES CORP. v. UNITED STATES

No. 469-77.

591 F.2d 635 (1979)

APPLIED DEVICES CORPORATION v. The UNITED STATES.

United States Court of Claims.

January 24, 1979.

Attorney(s) appearing for the Case

Thomas J. Touhey, Washington, D.C., Attorney of Record for plaintiff; Henry G. Beauregard, Donald A. Tobin, Gerard J. Stief, and Sullivan, Beauregard, Clarkson, Moss, Brown & Johnson, Washington, D.C., of counsel.

Donnie Hoover, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant; Edward F. McGonigle, Crystal City, Va., of counsel.

Roger N. Boyd, Washington, D.C., filed brief for amicus curiae, RCA Corp.; John W. Chierichella and Jones, Day, Reavis & Pogue, Washington, D.C., of counsel.

Before NICHOLS, KASHIWA and SMITH, Judges.

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

NICHOLS, Judge:

This case is before the court on cross-motions for summary judgment. Plaintiff seeks a Wunderlich Act (41 U.S.C. §§ 321, 322) review of an adverse decision of the Armed Services Board of Contract Appeals (ASBCA), styled Appeal of Applied Devices Corp., ASBCA No. 18384, 77-1 BCA ¶ 12,347 (January 7, 1977). A second count seeks equitable...

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