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JOHN J. KIRLIN, INC. v. U.S.

No. 87-1162.

827 F.2d 1538 (1987)

JOHN J. KIRLIN, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 1, 1987.

Attorney(s) appearing for the Case

Gerson B. Kramer, Braude, Margulies & Rephan, Chartered, Washington, D.C., argued, for plaintiff-appellant.

David B. Stinson, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Before DAVIS, BISSELL, and ARCHER, Circuit Judges.

BISSELL, Circuit Judge.

John J. Kirlin, Inc. (Kirlin) appeals from the judgment of the United States Claims Court, 11 Cl.Ct. 199 (1986), entered pursuant to the court's order granting the motion of the United States for summary judgment on Kirlin's claim for compensation under the Value Engineering Incentive (VEI) clause of its contract to renovate the heating and cooling control system at the Pentagon. We affirm.

BACKGROUND

On April 14, 1977, the...

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