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BROOKFIELD CONST. CO., INC. v. UNITED STATES

No. 555-79C.

661 F.2d 159 (1981)

BROOKFIELD CONSTRUCTION CO., INC., and Baylor Construction Corp. (A Joint Venture) v. The UNITED STATES.

United States Court of Claims.

September 23, 1981.

Attorney(s) appearing for the Case

Jon A. Kerr, Washington, D. C., atty. of record, for plaintiffs. Hudson, Creyke, Koehler, Tacke & Bixler, Washington, D. C., of counsel.

George M. Beasley, III, Washington, D. C., with whom was Acting Asst. Atty. Gen., Thomas S. Martin, Washington, D. C., for defendant. Raymond McCulloch, U. S. Army Corps of Engineers, of counsel.

James A. Pemberton, Jr., Washington, D. C., for amicus curiae, Associated General Contractors; King & King, Chartered, Washington, D. C., of counsel.

Before DAVIS, KASHIWA and SMITH, Judges.

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

DAVIS, Judge:

The Contract Disputes Act of 1978, Pub. L.No. 95-563, 92 Stat. 2383, 41 U.S.C. 601 et seq. (Supp. III, 1979) — in its summary transitional provision for the interim between, on the one hand, complete non-coverage by the new statute of government contracts, and, on the other, full prospective coverage for wholly new agreements made after the Act became...

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