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AL JOHNSON CONST. CO. v. U.S.

No. 88-1068.

854 F.2d 467 (1988)

AL JOHNSON CONSTRUCTION COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

August 18, 1988.

Attorney(s) appearing for the Case

Wellington H. Law, of Carlson, Greiner & Law, Edina, Minn., argued for appellant. With him on the brief was John B. Tacke, of Hudson, Creyke, Koehler & Tacke, Alexandria, Va.

Stephen J. McHale, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. On the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, Mary Mitchelson, Asst. Director, and Cheryl S. Rome. Of counsel was Terry A. Stepp, of the Dept. of the Army, Corps of Engineers, Mobile, Ala.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and RE, Chief Judge.

NICHOLS, Senior Circuit Judge.

This contract appeal arises under a construction contract awarded as long ago as 1973 by the Army Engineers, with performance date extended to January 2, 1978, but the original dispute was converted to claims under the Contract Disputes Act of 1978, 41 U.S.C. § 601 and ff. The contractor elected to appeal to the Corps of Engineers Board of Contract Appeals under section 606 the unfavorable...

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