FORT VANCOUVER PLYWOOD CO. v. U.S.

Appeal No. 88-1186.

860 F.2d 409 (1988)

FORT VANCOUVER PLYWOOD COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

October 19, 1988.


Attorney(s) appearing for the Case

Thomas W. Sondag, Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland, Or., argued for appellant. With him on the brief were James H. Clarke and Charles J. Pruitt.

Paul L. Langer, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, M. Susan Burnett, Asst. Director and Richard P. Nockett, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on the brief for appellee. Also on the brief was James Kauble, Deputy Regional Atty., Office of Gen. Counsel, Dept. of Agriculture, of counsel.

Before MAYER and MICHEL Circuit Judges, and NICHOLS, Senior Circuit Judge.


NICHOLS, Senior Circuit Judge.

Fort Vancouver appeals the final decision of the Department of Agriculture Board of Contract Appeals (AGBCA, BCA, or board), AGBCA No. 84-270-1, 88-1 BCA (CCH) ¶ 20,289 (1988), dismissing its appeal of its claim for damages for breach of contract. We reverse and remand for further proceedings consistent with this opinion.

I. Background

On April 5, 1977, the Forest Service of the United States Department...

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