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MIL-SPEC CONTRACTORS, INC. v. U.S.

No. 87-1203.

835 F.2d 865 (1987)

MIL-SPEC CONTRACTORS, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 16, 1987.

Attorney(s) appearing for the Case

Rachel L. Howard, Haas & Najarian, San Francisco, Cal., argued, for plaintiff-appellant.

Carolyn E. Galbreath, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With her on the brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director. Also on the brief, was Stephen E. Temmell, Trial Atty., U.S. Army Engineer Dist., Los Angeles, Cal., of counsel.

Before FRIEDMAN, SMITH, and MAYER, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the Armed Services Board of Contract Appeals (Board), dismissing a contractor's claim for additional compensation on the ground that an oral agreement to settle the claims constituted an accord and satisfaction. Mil-Spec Contractors, Inc., 87-1 B.C.A. (CCH) ¶ 19,391 (Sept. 23, 1986). We hold that there was not a valid accord and satisfaction, and therefore reverse and remand.

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