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UNIVERSAL RESTORATION, INC. v. UNITED STATES

Appeal No. 85-2662.

798 F.2d 1400 (1986)

UNIVERSAL RESTORATION, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

August 22, 1986.

Attorney(s) appearing for the Case

Douglas L. Patin, Braude, Margulies, Sacks & Rephan, Chartered, of Washington, D.C., argued, for appellant. With him on the brief were Paula J. Glaser and Herman M. Braude.

Hillary Stern, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued, for appellee. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Sandra P. Spooner.

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and NIES, Circuit Judge.

NIES, Circuit Judge.

Universal Restoration Inc. appeals the decision of the United States Claims Court1 holding that Universal had violated the Truth in Negotiations Act and that Universal's recovery under the contract was precluded by the contract's defective pricing clause. The dispute centers on the amount charged by the contractor for overhead which was found to be excessive. We reverse.

I.

The subject contract required...

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