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PETROCHEM SERVICES, INC. v. U.S.

No. 87-1382.

837 F.2d 1076 (1988)

PETROCHEM SERVICES, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

Decided January 26, 1988.

Attorney(s) appearing for the Case

Ronald Van Stockum, Jr., Louisville, Ky., submitted for appellant.

Jeanne A. Anderson, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted for appellee. With her 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 Ken Homick, Asst. Counsel, Dept. of the Navy, of counsel.

Before ARCHER, Circuit Judge, NICHOLS, Senior Circuit Judge, and MAYER, Circuit Judge.

NICHOLS, Senior Circuit Judge.

Petrochem Services, Inc. appeals the decision of the Armed Services Board of Contract Appeals [ASBCA or board], ASBCA No. 33105, 87-1 BCA (CCH) ¶ 19,597 (1987), holding that the government discharged its duty to disclose superior knowledge through oral representations made to appellant at the time of on-site inspection. We vacate the ASBCA's judgment denying Petrochem's appeal and remand.

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