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VISTA SCIENTIFIC CORP. v. UNITED STATES

Appeal No. 86-1068.

808 F.2d 50 (1986)

VISTA SCIENTIFIC CORP., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

December 24, 1986.

Attorney(s) appearing for the Case

John C. Fenningham, Corr, Stevens & Fenningham, Trevose, Pa., argued, for appellant.

Paul J. Ehlenbach, 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. M. Howard Silverstein, Office of Gen. Counsel, Dept. of Agriculture, of counsel.

Before NIES, Circuit Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.

NICHOLS, Senior Circuit Judge.

The Department of Agriculture Board of Contract Appeals rejected two claims for equitable adjustment, Nos. 77-142-4 and 78-108-4, 83-1 B.C.A. ¶ 16219, under a contract awarded in 1976 for construction of a two compartment, walk-in cold chamber. These decisions were subject to the Wunderlich Act, 41 U.S.C. §§ 321-322, and not to the Contract Disputes Act, 41 U.S.C. §§ 601-613. Therefore, to obtain judicial review...

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