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MARTIN J. SIMKO CONST., INC. v. U.S.

Appeal No. 87-1632.

852 F.2d 540 (1988)

MARTIN J. SIMKO CONSTRUCTION, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

As Modified on Grant of Rehearing August 1, 1988.

Attorney(s) appearing for the Case

Alvin S. Nathanson, Nathanson & Goldberg, Boston, Mass., submitted for plaintiff-appellee.

Howard Lipper, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellant. 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 Lt. Col. Roger Graham, Dept. of the Air Force, Washington, D.C., of counsel.

Before RICH, Circuit Judge, BALDWIN, Senior Circuit Judge, and NIES, Circuit Judge.

BALDWIN, Senior Circuit Judge.

The United States appeals from that part of the decision of the United States Claims Court, Martin J. Simko Construction, Inc. v. United States, 11 Cl.Ct. 257 (1986), holding that the Claims Court lacked jurisdiction to entertain the government's fraud counterclaims and Special Plea in Fraud. We vacate that portion of the trial court's decision rejecting jurisdiction over the government's fraud-based defense and counterclaims...

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