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CITY OF OXNARD v. U.S.

Appeal No. 87-1638.

851 F.2d 344 (1988)

CITY OF OXNARD, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

July 6, 1988.

Attorney(s) appearing for the Case

James J. Gallagher, McKenna, Conner & Cuneo, Los Angeles, Cal., argued, for appellant. With him on the brief, was John G. Stafford, Jr.

Gordon D. Kromberg, 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 Thomas W. Petersen, Asst. Director. Also on the brief, was Richard A. Gallivan, Office of General Counsel, Dept. of the Navy, of counsel.

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

PAULINE NEWMAN, Circuit Judge.

We affirm the decision of the Armed Services Board of Contract Appeals1 denying the claims of the City of Oxnard for payment, on behalf of the Department of the Navy, of a share of the cost overruns incurred by Oxnard in performance of Contract Nos. N62474-76-C-6511 and N62474-76-C-6512.

Discussion

In accordance with the contracts, Navy installations at Port Hueneme, California and...

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