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McDONNELL DOUGLAS CORP. v. UNITED STATES

Appeal No. 83-1001.

754 F.2d 365 (1985)

McDONNELL DOUGLAS CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 12, 1985.

Attorney(s) appearing for the Case

Francis M. Gaffney, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., argued for appellant. With him on the brief were Gary T. Carr, St. Louis, Mo., and Glenn E. Monroe, Washington, D.C.

Stephen G. Anderson, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., and David M. Cohen, Director, Washington, D.C.

Helene M. Goldberg, Dept. of Justice, Washington, D.C., of counsel.

Before RICH, DAVIS, BENNETT, MILLER and SMITH, Circuit Judges.

BENNETT, Circuit Judge.

McDonnell Douglas Corporation (MDC) appeals a decision of the Armed Services Board of Contract Appeals, ASBCA No. 26747, 83-1 BCA ¶ 16,377. The ASBCA dismissed the appeal as premature, without prejudice, because there was no showing that a claim had been made to the contracting officer and then appealed as required by the disputes clause of the contract or the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 605, 606 (1982)...

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