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SPERRY CORP. v. U.S.

No. 87-1475.

845 F.2d 965 (1988)

SPERRY CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 21, 1988.

Attorney(s) appearing for the Case

Clarence T. Kipps, Miller and Chevalier, Washington, D.C., argued for plaintiff-appellee. With him on the brief were John Lloyd Rice and John J. O'Connor, III, Washington, D.C. Also on the brief were Bernard Fried and Norman A. Steiger, Unisys Corp., Great Neck, N.Y., of counsel.

E. Kathleen Shahan, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With her on the brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director, Washington, D.C. Also on the brief was Lt Col. William M. Henabray, Dept. of the Air Force, Washington, D.C., of counsel.

Before FRIEDMAN, NEWMAN and BISSELL, Circuit Judges.

FRIEDMAN, Circuit Judge.

The sole question in this case, here on the government's appeal from the United States Claims Court, is whether the government's exercise of an option to purchase additional items under a procurement contract was timely. The contract required the government to exercise the option within 120 days of the government's acceptance of the product that was the subject of the contract, and the issue is the date of acceptance. The Claims Court, reversing...

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