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NI INDUSTRIES, INC. v. U.S.

No. 87-1365.

841 F.2d 1104 (1988)

NI INDUSTRIES, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

March 14, 1988.

Attorney(s) appearing for the Case

James J. Gallagher, McKenna, Conner & Cuneo, Los Angeles, Cal., argued for appellant. With him on the brief was Richard B. Oliver.

Sheryl L. Floyd, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued 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 Major Craig S. Clarke, Department of the Army, Falls Church, Va., of counsel.

Before FRIEDMAN and DAVIS, Circuit Judges, and MILLER, Senior Circuit Judge.

DAVIS, Circuit Judge.

NI Industries, Inc. (NI) appeals from a final decision of the Armed Services Board of Contract Appeals (ASBCA or Board), ASBCA No. 30293, upholding a contracting officer's decision to deny appellant's value engineering change proposal. Concluding that the agency improperly relied on an agency rule that should have been published but was not, we reverse and remand.

I. Background

This dispute concerns an aspect of the government...

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