UNITED STATES v. JOHNSON CONTROLS, INC.

Appeal No. 65-82.

713 F.2d 1541 (1983)

The UNITED STATES, Appellant, v. JOHNSON CONTROLS, INC., Appellee.

United States Court of Appeals, Federal Circuit.

August 2, 1983.


Attorney(s) appearing for the Case

Stephen G. Anderson, argued, Washington, D.C., for appellant; J. Paul McGrath, Asst. Atty. Gen., and David M. Cohen, Director, Washington, D.C., on the brief; Sherman D. Johnson, Atlanta, Ga., of counsel.

E.D. Gaskins, Jr., argued, Raleigh, N.C., for appellee; Charles C. Meeker, Raleigh, N.C., and Beverly D. Horn, Washington, D.C., on the brief.

David R. Hendrick and Martin R. Salzman, Atlanta, Ga., on the brief for Watson Elec. Const. Co. and Crawford Sprinkler Co. of Raleigh, Inc., amicus curiae.

Before MARKEY, Chief Judge, COWEN, Senior Circuit Judge, and BENNETT, Circuit Judge.


BENNETT, Circuit Judge.

The government appeals from a final decision of the Armed Services Board of Contract Appeals (ASBCA or board), ASBCA No. 25714, 82-1 BCA ¶ 15,779. The ASBCA held that (1) it had jurisdiction under the Contract Disputes Act of 1978 (CDA or Act), 41 U.S.C. §§ 601-613 (Supp. V 1981), to decide a claim brought directly by a subcontractor, Johnson Controls, Inc. (Johnson); (2) Johnson was the proper party to certify the claim under...

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