ASSURANCE CO. v. U.S.

Appeal No. 86-1350.

813 F.2d 1202 (1987)

ASSURANCE COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

March 10, 1987.


Attorney(s) appearing for the Case

Ron A. Stormoen, Richard Corona & Associates, San Diego, Cal., argued for appellant.

Frank B. Flink, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director and M. Susan Burnett, Asst. Director. Col. Bruce R. Houston, Chief Trial Atty. and John Q. Adams, Office of Chief Trial Atty., Dept. of the Air Force, Air Force Contract Law Center, Wright-Patterson AFB, of counsel.

Before FRIEDMAN and DAVIS, Circuit Judges, and BENNETT, Senior Circuit Judge.


DAVIS, Circuit Judge.

We are asked to overturn a decision of the Armed Services Board of Contract Appeals (ASBCA or Board) awarding appellant very much less of an equitable adjustment than had been sought. We affirm.

I.

In April 1975 appellant Assurance Company (Assurance) was awarded by the Air Force a fixed-price contract to make improvements to 1,569 family housing units at Travis Air Force Base. Assurance was a joint venture which subcontracted...

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