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GULF & WESTERN INDUSTRIES, INC. v. UNITED STATES

No. 65-80C.

671 F.2d 1322 (1982)

GULF & WESTERN INDUSTRIES, INC. v. The UNITED STATES.

United States Court of Claims.

February 24, 1982.

Attorney(s) appearing for the Case

William J. Spriggs, Washington, D.C., for plaintiff; Robert E. Gregg, McKenna, Conner & Cuneo, Washington, D.C., Thomas E. Harrison, Jr., and Gregory J. Battersby, New York City, of counsel.

Elizabeth Langer, Washington, D.C., with whom was Asst. Atty. Gen., J. Paul McGrath, Washington, D.C., for defendant.

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

ON DEFENDANT'S REQUEST FOR REVIEW

FRIEDMAN, Chief Judge:

The defendant has requested interlocutory review, pursuant to Rule 53(c)(2)(ii), of an order of Trial Judge Bernhardt remanding this contract case to the Armed Services Board of Contract Appeals ("the Board") for a trial de novo before a different hearing member of the Board. The trial judge took the action because of ex parte contacts between the Board member who wrote the Board's opinion...

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