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NEW ENGLAND TANK IND. OF NEW HAMPSHIRE v. U.S.

No. 88-1157.

861 F.2d 685 (1988)

NEW ENGLAND TANK INDUSTRIES OF NEW HAMPSHIRE, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

Modifications Denied January 13, 1989.

Attorney(s) appearing for the Case

Amos Hugh Scott, Choate, Hall & Stewart, Boston, Mass., argued for appellant. With him on the brief were Edward H. Seksay and Kenneth W. Gurge.

J. Keith Burt, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief were Kay Bushman and Richard Saviet, Defense Logistics Agency, Alexandria, Va., of counsel.

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

MARKEY, Chief Judge.

Appeal from the decision of the Armed Services Board of Contract Appeals (board), New England Tank Industries of New Hampshire, Inc., No. 26474, 88-1 BCA ¶ 20,395 at 103,156, affirming the Contracting Officer's (CO's) decision denying New England Tank Industries of New Hampshire Inc.'s (NET's) claim for equitable adjustment for services performed under Contract No. DSA 600-02-C-1801 (the Contract) and rejecting NET's argument that...

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