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SKELLY AND LOY v. UNITED STATES

No. 8-82C.

685 F.2d 414 (1982)

SKELLY AND LOY v. The UNITED STATES.

United States Court of Claims.

August 11, 1982.

Attorney(s) appearing for the Case

Heath L. Allen, Harrisburg, Pa., attorney of record, for plaintiff; Gary E. French and Keefer, Wood, Allen & Rahal, Harrisburg, Pa., of counsel.

Richard W. Oehler, with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for defendant; Jack Caolo, Dept. of Energy, Washington, D. C., of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS and BENNETT, Judges.

ON DEFENDANT'S MOTION TO DISMISS

BENNETT, Judge:

This is an action under the Contract Disputes Act of 1978 (CDA or Act), 41 U.S.C. § 609(a)(1),1 challenging a contracting officer's decision denying a claim for additional compensation under a contract entered into between plaintiff and the U. S. Department of Energy (DOE). Defendant has brought a motion to dismiss the petition, which plaintiff opposes. Since we find that...

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