JOHN T. BRADY & CO. v. UNITED STATES

No. 173-80C.

693 F.2d 1380 (1982)

JOHN T. BRADY & COMPANY, Appellee, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

November 18, 1982.


Attorney(s) appearing for the Case

Francis J. Sailer, Washington, D.C., argued for U.S. With him on the briefs was Asst. Atty. Gen. J. Paul McGrath, Washington, D.C.

Lester M.A. Gulitz, New York City, argued for appellee. With him on the briefs were Tunstead, Schechter & Torre, Michael S. Torre, New York City, and Marvin Schechter, Forest Hills, N.Y.

Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and KASHIWA, Circuit Judge.


COWEN, Senior Circuit Judge.

The Government appeals from a judgment* of the United States Claims Court which denied the parties' cross-motions for summary judgment and ordered the case remanded to the Veterans Administration Contract Appeals Board (Board) for further proceedings consistent with the opinion of the trial judge. In a Wunderlich Act review, he held that the Board erroneously decided that appellee's failure to request an exception...

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