GEVYN CONST. CORP. v. U.S.

No. 87-1161.

827 F.2d 752 (1987)

GEVYN CONSTRUCTION CORP., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 25, 1987.


Attorney(s) appearing for the Case

Leslie A. Hynes, Hynes, Diamond & Reidy, P.C., New York City, for plaintiff-appellant.

George M. Beasley, III, Sr. Trial Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for defendant-appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director; Raymond D. McCullock, U.S. Army Corps of Engineers, of counsel.

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


DECISION

BENNETT, Senior Circuit Judge.

Gevyn Construction Corp. (Gevyn) appeals the grant of summary judgment by the United States Claims Court in Gevyn Construction Corp. v. United States, 11 Cl.Ct. 203 (1986) (Tidwell, J.). The Claims Court held that Gevyn was not entitled to recover "imputed" interest on equity capital used to finance extra work on a construction contract with the government and that Gevyn's subcontractor, Potomac Metal Products...

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