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GATEWAY CENTER CORP. v. UNITED STATES

Appeal No. 84-1634.

766 F.2d 494 (1985)

GATEWAY CENTER CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

June 17, 1985.

Attorney(s) appearing for the Case

Robert D. Wallick, Steptoe & Johnson, Washington, D.C., argued for appellant.

William J. Snider, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Sandra P. Spooner.

Before FRIEDMAN, KASHIWA and SMITH, Circuit Judges.

FRIEDMAN, Circuit Judge.

This appeal challenges two rulings of the General Services Administration Board of Contract Appeals (Board) interpreting a tax escalation clause in a building lease. The Board held (1) that a provision for rent increases at 5-year intervals to reflect increases in real estate taxes operated only prospectively for the next 5-year period and did not entitle the lessor to recover all the additional taxes it paid during the preceding 5 years,...

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