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BETA SYSTEMS, INC. v. U.S.

Nos. 87-1108, 87-1274.

838 F.2d 1179 (1988)

BETA SYSTEMS, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 29, 1988.

Attorney(s) appearing for the Case

William H. Gammon, Smith, Pachter, McWhorter & D'Ambrosio, Vienna, Va., argued for plaintiff-appellant. With him on the brief was J. Kevin Moore.

Carol N. Park-Conroy, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

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

PAULINE NEWMAN, Circuit Judge.

Beta Systems, Inc. appeals the decision of the United States Claims Court granting the government's motions for summary judgment as to Counts I and III of Beta's complaint.1 We reverse, and remand for appropriate proceedings.

At issue are certain aspects of a contractual arrangement between Beta and the Army Troop Support and Aviation Materiel Readiness Command, and specifically section H-8 of the...

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