CAPITAL ELEC. CO. v. UNITED STATES

No. 83-965.

729 F.2d 743 (1984)

CAPITAL ELECTRIC COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 7, 1984.


Attorney(s) appearing for the Case

Thomas J. Wingfield, Atlanta, Ga., argued, for appellant. With him on brief was Herbert H. Gray, III, Atlanta, Ga.

Mark D. Friedman, Washington, D.C., argued, for appellee. With him on brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Washington, D.C.; Timothy Sullivan, Deputy Dist. Counsel, Baltimore Dist. Corps. of Engineers, Dept. of the Army, of counsel.

James A. Pemberton, Jr., and Christopher M. McNulty, Washington, D.C., were on brief, for amicus curiae, Associated General Contractors of America.

Ira J. Smotherman, Jr. and Clifford F. Altekruse, Atlanta, Ga., were on brief, for amicus curiae, American Subcontractors Ass'n.

Before FRIEDMAN and MILLER, Circuit Judges, and RE, Judge.


JACK R. MILLER, Circuit Judge.

This appeal essentially involves the question of whether, as a matter of law, Capital Electric Company ("Capital") was entitled, under the suspension of work clause of its contract with the Government, to recover damages for extended overhead and to calculate those damages according to the so-called Eichleay formula (Eichleay Corp., ASBCA No. 5183, 60-2 BCA ¶ 2688 (1960), aff'd on recon., 61-1 BCA ¶ 2894).

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