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MARQUARDT CO. v. U.S.

Appeal No. 86-1546.

822 F.2d 1573 (1987)

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

United States Court of Appeals, Federal Circuit.

July 8, 1987.

Attorney(s) appearing for the Case

Melvin Riske, Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., argued for appellant. With him on the brief were Eric J. Zahler and Garry S. Grossman.

Ronald A. Schechter, 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 and M. Susan Burnett, Asst. Director. Also on the brief was Ralph Guderian, Defense Logistics Agency, of counsel.

Before SMITH, Circuit Judge, MILLER, Senior Circuit Judge, and BISSEL, Circuit Judge.

JACK R. MILLER, Senior Circuit Judge.

This appeal is from the decision of the Armed Services Board of Contract Appeals (board) granting summary judgment in favor of an administrative contracting officer's determination that the sale of a Government contractor's stock by one third party to another does not entitle the contractor (1) to writeup its depreciable assets to reflect the price paid for the stock and (2) to charge...

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