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TELLER ENVIRONMENTAL SYSTEMS, INC. v. U.S.

Appeal No. 85-2676.

802 F.2d 1385 (1986)

TELLER ENVIRONMENTAL SYSTEMS, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Federal Circuit.

October 1, 1986.

Attorney(s) appearing for the Case

Brian M. Hurley, Rackemann, Sawyer & Brewster, Boston, Mass., argued for appellant. With him on the brief was A. James Casner, III.

Howard Lipper, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, M. Susan Burnett, Asst. Director and Thomas W. Petersen, Asst. Director; Ed Connelly, Office of the Gen. Counsel, Dept. of the Navy, Washington, D.C., William H. Mahn, U.S. Navy, San Francisco, Cal., of counsel.

Before NIES, BISSELL and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

DECISION

Teller Environmental Systems, Inc. (Teller) appeals from the decision of the Armed Services Board of Contract Appeals (ASBCA or board), ASBCA Docket No. 25550, holding Teller liable to the government for correcting defective repair work performed by Teller. Although the contracting officer determined the amount of damages, the board did not, but instead "remanded" the case to the parties for such determination. We hold that...

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