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MAXIMA CORP. v. U.S.

No. 86-1292.

847 F.2d 1549 (1988)

MAXIMA CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

May 24, 1988.

Attorney(s) appearing for the Case

Joe R. Reeder, Patton, Boggs & Blow, Washington, D.C., argued for appellant. With him on the brief were Richard M. Stolbach and Dean M. Dilley.

Thomas W. Petersen, 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 Stephen J. McHale. Also on the brief were Francis S. Blake, Gen. Counsel, Thomas A. Darner, Asst. Gen. Counsel, Richard D. Feldman and Anthony G. Beyer, E.P.A., of counsel.

Before SMITH, NIES and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Maxima Corporation ("Maxima") appeals the decision of the Board of Contract Appeals of the Department of the Interior (the "Board") pertaining to Contract No. 68-01-6466 between Maxima and the Environmental Protection Agency (the "Agency").1 On cross motions for summary judgment the Board held that the Agency had properly invoked constructive termination for convenience, a year after completion of performance...

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