UNITED TECHNOLOGIES CORP. v. U.S.

No. 86-926.

830 F.2d 1121 (1987)

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

United States Court of Appeals, Federal Circuit.

October 1, 1987.


Attorney(s) appearing for the Case

George Ruttinger, Crowell & Moring, Washington, D.C., argued for appellant. With him on the brief was Alan W.H. Gourley. Also on the brief was Whilden S. Parker, Pratt & Whitney Aircraft, West Palm Beach, Fla., of counsel.

Karen S. Fishman, Commercial Litigation Branch, Dept. of Justice, 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. Also on the brief was Richard L. Hanson, Wright Patterson Air Force Base, Dept. of the Air Force, of counsel. Ronald A. Schechter and Jeanne A. Anderson, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., entered an appearance for appellee.

Before MARKEY, Chief Judge, NIES and NEWMAN, Circuit Judges.


NEWMAN, Circuit Judge.

United Technologies Corporation (UT) appeals the judgment of the Armed Services Board of Contract Appeals (Board) that Contract No. F33657-80-C-0218 (0218 contract) between UT and the United States (USG), providing for sale of F-16 aircraft engines to certain European Participating Governments (EPG or Consortium), is not subject to a Foreign Military Sales (FMS) factor. United Technologies Corp., ASBCA No. 25540, 85-3 BCA ¶ 18,399...

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