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RMI, INC. v. UNITED STATES

Appeal No. 86-659.

800 F.2d 246 (1986)

RMI, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

August 29, 1986.

Attorney(s) appearing for the Case

Robert Dahlquist, Latham & Watkins, San Diego, Cal., argued for appellant. With him on brief was Hayden J. Trubitt, San Diego, Cal.

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

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.

BISSELL, Circuit Judge.

RMI, Inc. appeals from the decision of the Armed Services Board of Contract Appeals (ASBCA or Board) sustaining a contracting officer's final decision denying RMI's request for reimbursement of its cost overrun. 85-3 BCA ¶ 18,231 (ASBCA 1985). We vacate the Board's decision and remand the case for proceedings consistent with this opinion.

BACKGROUND

RMI appeals the decision of the Board denying RMI's recovery of a cost...

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