UNITED STATES v. BOEING CO.

Appeal No. 86-927.

802 F.2d 1390 (1986)

The UNITED STATES, Appellant, v. The BOEING COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

October 1, 1986.


Attorney(s) appearing for the Case

Jane W. Vanneman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellant; with her on the brief, were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director. John Dodds, Dept. of the Air Force, Washington, D.C., of counsel, and Donald J. Kinlin, Dept. of the Air Force, Wright-Patterson Air Force Base, Ohio, of counsel.

Harold F. Olsen, Perkins Coie, Seattle, Wash., argued, for appellee; with him on the brief, was Ronald M. Gould. Also on the brief, were Lynda Troutman O'Sullivan, Perkins Coie, Washington, D.C., and Richard L. Baum, Perkins Coie, Seattle, Wash., of counsel.

Terry L. Albertson, Crowell & Moring, Washington, D.C., was on the brief, for amicus curiae, Westinghouse Elec. Co. Also on the brief, were Roger N. Boyd, Crowell & Moring, Washington, D.C., and Eugene Krach, Westinghouse Elec. Co., Baltimore, Md., of counsel.

Robert C. Gusman, Asst. Gen. Counsel, Calabasas, Cal., was on the brief, for amicus curiae, Lockheed Corp. Also on the brief, were Clarence T. Kipps, Jr. and Robert K. Huffman, Miller & Chevalier, Chartered, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, DAVIS and BISSELL, Circuit Judges.


BISSELL, Circuit Judge.

The United States appeals from a decision of the Armed Services Board of Contract Appeals (ASBCA or Board) denying a motion for summary judgment filed by the United States Air Force (Air Force), and granting summary judgment in favor of the nonmoving party, The Boeing Company (Boeing). We affirm.

BACKGROUND

Extensive findings of fact and a thorough discussion of the issues may be...

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