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CONNELL RICE & SUGAR CO., INC. v. U.S.

No. 87-1267.

837 F.2d 1068 (1988)

CONNELL RICE & SUGAR CO., INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 26, 1988.

Attorney(s) appearing for the Case

Joseph L. Alioto, Alioto & Alioto, San Francisco, Cal., for appellant.

Hillary Stern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellee. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Asst. Director. Also on the brief was John Lom, Office of General Counsel, Dept. of Agriculture, Washington, D.C., of counsel.

Before DAVIS, NEWMAN, and ARCHER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Connell Rice & Sugar Co. (hereinafter "Connell") appeals the decision of the Board of Contract Appeals of the United States Department of Agriculture, granting summary judgment to the United States on the basis that Connell was liable for late delivery of the goods, and that the factual issues raised by Connell were not material to the result. In re Connell Rice & Sugar Co., Inc., AGBCA No. 85-483-1 (Dec. 10, 1986). We...

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