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M.A. MORTENSON CO. v. U.S.

No. 87-1491.

843 F.2d 1360 (1988)

M.A. MORTENSON COMPANY, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

April 4, 1988.

Attorney(s) appearing for the Case

Stephen S. Kaye, Jones, Day, Reavis & Pogue, Washington, D.C., argued for appellant. With him on the brief were James E. Thompson and Joseph D. West. Also on the brief was Steven T. Halverson, of Minneapolis, Minn., of counsel.

Frank B. Flink, Jr., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him 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 D. Lee Toedter, U.S. Army Corps of Engineers, of counsel.

Before MARKEY, Chief Judge, and DAVIS and BISSELL, Circuit Judges.

MARKEY, Chief Judge.

Appeal from a decision of the Corps of Engineers Board of Contract Appeals (board), M.A. Mortenson Co., ENG BCA No. 4780, 87-2 BCA ¶ 19,718 (1987), denying M.A. Mortenson Company's (Mortenson's) appeal from the Contracting Officer's final decision denying compensation for added costs that allegedly resulted from delay in awarding a construction contract. We affirm.

BACKGROUND

In May 1981 the United States Army Corps...

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