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HONEYWELL INC. v. UNITED STATES

No. 443-79C.

661 F.2d 182 (1981)

HONEYWELL INC. v. The UNITED STATES.

United States Court of Claims.

September 23, 1981.

Attorney(s) appearing for the Case

Roger N. Boyd, Washington, D.C., atty. of record, for plaintiff. L. Graeme Bell, III, Thomas C. Means, Crowell & Moring, Washington, D.C., K. H. DeRoche, Tampa, Fla., P. S. Virden, Jr., Minneapolis, Minn., Honeywell Inc., of counsel.

Kathleen A. Flynn, Washington, D.C., with whom was Acting Asst. Atty. Gen., Thomas S. Martin, Washington, D.C., for defendant. Richard F. Pier, Defense Logistics Agency, of counsel.

Before NICHOLS, BENNETT and SMITH, Judges.

OPINION

BENNETT, Judge, delivered the opinion of the court:

Plaintiff has moved for summary judgment in this contract case on the grounds that the decision of the Armed Services Board of Contract Appeals (the board) is erroneous and not entitled to finality because it fails to comply with the standards of the Wunderlich Act, 41 U.S.C. §§ 321, 322 (1976). The failure is said to rest upon both errors of fact and law. Defendant has filed a cross-motion...

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