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J.B. STEEL, INC. v. UNITED STATES

Appeal No. 86-1311.

810 F.2d 1139 (1987)

J.B. STEEL, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 4, 1987.

Attorney(s) appearing for the Case

Joseph A. Yazbeck, Jr. and Fred L. Kopatich, Allen, Kilmer, Schrader, Yazbeck and Chenoweth, P.C., Portland, Or., for appellant.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director and Jonathan S. Baker, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellee.

Before MARKEY, Chief Judge, DAVIS and ARCHER, Circuit Judges.

DAVIS, Circuit Judge.

The issue is whether a Forest Service contract awarded to appellant J.B. Steel, Inc. (Steel) was patently ambiguous (with regard to the pertinent aspect of the work) so as to call upon Steel to inquire from the contracting officer before it bid. The Board of Contract Appeals of the Department of Agriculture held that it was (J.B. Steel, Inc., 86-2 BCA (CCH) ¶ 18,938) and Steel appeals. We affirm.

I.

The contract...

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