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W.R. COOPER GENERAL CONTRACTOR, INC. v. U.S.

No. 87-1473.

843 F.2d 1362 (1988)

W.R. COOPER GENERAL CONTRACTOR, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 5, 1988.

Attorney(s) appearing for the Case

Richard I. Manas, Manas & Marcus, P.A., Miami, Fla., argued, for plaintiff-appellant.

Tamra Phipps, 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 Mary Mitchelson, Asst. Director.

Before SMITH, BISSELL, and ARCHER, Circuit Judges.

BISSELL, Circuit Judge.

W.R. Cooper General Contractor, Inc. (Cooper) appeals the judgment of the United States Claims Court dismissing its complaint. See W.R. Cooper Gen. Contractor, Inc. v. United States, 12 Cl.Ct. 406 (1987). We vacate and remand.

BACKGROUND

Cooper was a subcontractor for Garcia-Allen Construction Company (Garcia-Allen), the prime contractor under a contract with the City of Miami Beach (the City), Florida. The prime contract...

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