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DARWIN CONST. CO., INC. v. U.S.

Appeal No. 86-1370.

811 F.2d 593 (1987)

DARWIN CONSTRUCTION CO., INC., Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 12, 1987.

Attorney(s) appearing for the Case

Joel S. Rubinstein, Sadur & Pelland, Chartered, Washington, D.C., argued for appellant. With him on the brief was Sheira Miller, of counsel.

Sharon Y. Eubanks, 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 Thomas W. Petersen, Asst. Director. Allan Elmore, NAVFACENGCOM, Washington Navy Yard, Washington, D.C., of counsel.

Before NIES, Circuit Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

COWEN, Senior Circuit Judge.

Appellant (Darwin) appeals from a reconsidered decision of the Armed Services Board of Contract Appeals (ASBCA or Board) which had reversed its earlier holding. The Board initially converted a termination for default into a termination for the convenience of the Government. Upon Government's motion for reconsideration, the Board reversed its earlier decision and upheld the termination for default. We reverse the Board's amended decision...

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