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KADIN CORP. v. UNITED STATES

Appeal No. 85-2217.

782 F.2d 175 (1986)

KADIN CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 23, 1986.

Attorney(s) appearing for the Case

Fred L. Kapatrick, Allen, Kilmer, Schrader, Yazbeck & Chenoweth, P.C., Portland, Or., argued for appellant. With him on the brief was Joseph A. Yazbeck, Jr.

Ronald H. Clark, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for appellee. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Sandra P. Spooner, Stephen J. McHale and R. Anthony McCann. James Zotter, Dept. of Transp., Portland, Or., of counsel.

Before FRIEDMAN, BENNETT, and BISSELL, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from a judgment of the United States Claims Court which, on the court's own motion, dismissed the appellant's complaint for failure to prosecute. We affirm.

I

In January 1983, the appellant filed a complaint in the Claims Court seeking additional compensation from the United States for work it had performed under a construction contract with the Small Business Administration. Following the filing of the...

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