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J-I-J CONST. CO., INC. v. U.S.

No. 87-1097.

829 F.2d 26 (1987)

J-I-J CONSTRUCTION COMPANY, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

September 11, 1987.

Attorney(s) appearing for the Case

John Lukjanowicz, Oles, Morrison, Rinker, Stanislaw & Ashbaugh, Seattle, Wash., argued for appellant. With him on the brief was Sam E. Baker, Jr.

Frank B. Flink, Jr., 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 Sabrina Simon, U.S. Army Corps of Engineers, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, RICH and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

The problem before us is whether the appellant-contractor, J-I-J Construction Company, Inc. (J-I-J or the contractor), has timely filed its appeal to this court from the decision of the Corps of Engineers Board of Contract Appeals (EngBCA or Board) dismissing as untimely J-I-J's claim to that tribunal for attorney fees and expenses under the Equal Access to Justice Act (EAJA). We hold that the appeal to the court must be dismissed, due to late...

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