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ZINGER CONST. CO., INC. v. UNITED STATES

Appeal No. 84-1427.

753 F.2d 1053 (1985)

ZINGER CONSTRUCTION COMPANY, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 30, 1985.

Attorney(s) appearing for the Case

James V. Joy, Jr., New York City, argued for appellant.

R. Anthony McCann, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director, Washington, D.C.

Before BALDWIN, BENNETT and MILLER, Circuit Judges.

BENNETT, Circuit Judge.

Zinger Construction Company, Inc., appeals the decision of the Armed Services Board of Contract Appeals (board), ASBCA No. 28585, 84-1 BCA ¶ 17,209, dismissing Zinger's appeal on the grounds of res judicata. The United States contends that this court is without jurisdiction over Zinger's appeal. We agree. Accordingly, we dismiss for lack of jurisdiction.

BACKGROUND

In June 1973 Zinger contracted to construct an incinerator...

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