S.E.R., JOBS FOR PROGRESS, INC. v. UNITED STATES

Appeal No. 84-1385.

759 F.2d 1 (1985)

S.E.R., JOBS FOR PROGRESS, INC., Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

March 28, 1985.


Attorney(s) appearing for the Case

Eduardo Pena, Jr., Pena, Aponte & Ortiz-Daliot, Washington, D.C., for appellant.

R. Anthony McCann, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., 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 KASHIWA, Circuit Judge, COWEN, Senior Circuit Judge, and SMITH, Circuit Judge.


COWEN, Senior Circuit Judge.

S.E.R., Jobs for Progress, Inc. (SER) appeals from a decision of the Department of Labor Board of Contract Appeals (Board), which in part denied an SER appeal of a 1981 decision by a contracting officer of the Department of Labor (DOL) disallowing certain costs incurred under a 1972-73 contract. For the reasons to be set forth, we hold that this court has jurisdiction and we reverse the Board's decision and remand the case to it.

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