PATHMAN CONST. CO., INC. v. U.S.

Appeal No. 86-1537.

817 F.2d 1573 (1987)

PATHMAN CONSTRUCTION COMPANY, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

May 4, 1987.


Attorney(s) appearing for the Case

Jennifer W. Fletcher, Griffin, Cochrane & Marshall, Atlanta, Ga., argued, for appellant. With her on the brief, were John F. Elger and Jeanette R. Hait.

Carol N. Park-Conroy, 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.

Harold I. Rosen, King & King, Chartered, Washington, D.C., was on the brief, for amicus curiae, The Associated Gen. Contractors of America.

Richard C. Johnson, Stuart B. Nibley, Steven L. Briggerman, Harry C. Orenstein and James M. McHale, Seyfarth, Shaw, Fairweather and Geraldson, Washington, D.C., were on the brief, for amicus curiae, Nat. Sec. Indus. Assn.

Before FRIEDMAN and RICH, Circuit Judges, and COWEN, Senior Circuit Judge.


FRIEDMAN, Circuit Judge.

The principal issue in this appeal from the United States Claims Court is whether, under the Contract Disputes Act of 1978, Pub.L. No. 95-563, 92 Stat. 2383 (1978) (codified as amended at 41 U.S.C. §§ 601-609 (1982 & Supp.1985)) (Disputes Act), the twelve-month period within which a contractor must file in that court a suit challenging a decision of a contracting officer begins to run when the claim submitted to the contracting...

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