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VELEZ CONST. CORP. v. UNITED STATES

Appeal No. 85-2256.

777 F.2d 1550 (1985)

VELEZ CONSTRUCTION CORPORATION, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

November 18, 1985.

Attorney(s) appearing for the Case

Michael E. Geltner, Washington, D.C., argued for appellant.

Helen M. Goldberg, Dept. of Justice, Commercial Litigation Branch, Washington, D.C., argued for appellee. With her on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Washington, D.C.

Before SMITH, Circuit Judge, COWEN, Senior Circuit Judge, and BISSELL, Circuit Judge.

ORDER

After the United States Claims Court (Claims Court) entered an order granting the Government's motion to compel discovery in this case, the parties entered into a written stipulation on April 15, 1985, regarding Velez' claim for extended home office overhead using the Eichleay formula. In the stipulation, the parties agreed that:

If this matter went to trial, defendant [Government] would meet its burden of demonstrating that plaintiff [Velez] incurred...

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