RIVERSIDE RESEARCH INSTITUTE v. U.S.

Appeal No. 87-1442.

860 F.2d 420 (1988)

RIVERSIDE RESEARCH INSTITUTE, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

November 1, 1988.


Attorney(s) appearing for the Case

Richard M. Sharfman, of Sharfman, Shanman, Poret & Siviglia, New York City, argued, for appellant. With him on the brief, was James A. Shanman, of Sharfman, Shanman, Poret & Siviglia, New York City. Of counsel, was Raymond S.E. Pushkar, of McKenna, Conner & Cuneo, Washington, D.C.

James M. Kinsella, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With him on the brief, were James M. Spears, Acting Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Peterson, Asst. Director.

Before ARCHER, MAYER and MICHEL, Circuit Judges.


ARCHER, Circuit Judge.

Riverside Research Institute (Riverside) appeals from the decision of the Armed Services Board of Contract Appeals (ASBCA or Board) holding that Riverside did not incur an allowable cost based on the acquisition of new leasehold improvements which were paid for by Riverside's former landlord in consideration of its surrender of its leasehold interest in that landlord's building prior to the end of the lease term. We reverse.

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