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JOSEPH MORTON CO., INC. v. UNITED STATES

Appeal Nos. 84-826, 84-854.

757 F.2d 1273 (1985)

JOSEPH MORTON CO., INC., Appellant/Cross-Appellee, v. The UNITED STATES, Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

March 15, 1985.

Attorney(s) appearing for the Case

William W. Thompson, Jr., Hudson, Creyke, Koehler & Tacke, Washington, D.C., for appellant/cross-appellee. With him on brief were John B. Tacke, Washington, D.C.

Richmond I. McKay, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellee/cross-appellant. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Washington, D.C.

Before MILLER, Circuit Judge, SKELTON, Senior Circuit Judge, and NIES, Circuit Judge.

JACK R. MILLER, Circuit Judge.

These appeals are from a decision of the United States Claims Court under the Contract Disputes Act of 1978, Pub.L. No. 95-563, 92 Stat. 2383-91, 41 U.S.C. §§ 601-613 (1982) ("CDA"), and involve a contract for building construction at Plum Island, New York. They present two issues: (1) Whether the Claims Court committed reversible error in granting summary judgment dismissing the petition of appellant on the ground that, as...

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