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FROESCHLE SONS, INC. v. U.S.

No. 89-1125.

891 F.2d 270 (1989)

FROESCHLE SONS, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

Unpublished Opinion August 15, 1989.

Published Opinion December 5, 1989.

Attorney(s) appearing for the Case

John Skowronek of Lamont & Associates, Minot, N.D., submitted for appellant.

Steven A. Hemmat, of the Civil Div., Dept. of Justice, Washington, D.C., submitted for appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director. Of counsel was Jeffrey D'Agosta, Asst. Dist. Counsel, Army Corps of Engineers, Omaha Dist.

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

Froeschle Sons, Inc. appeals the decision of the Armed Services Board of Contract Appeals (Board), ASBCA No. 34,864, 88-3 B.C.A. (CCH) ¶ 21,099, denying its claim for an equitable adjustment to its contract with the United States. We vacate and remand.

BACKGROUND

On April 3, 1986, the United States Department of the Army (government) entered into Contract No. DACA45-86-C-0089 with Froeschle for the construction of an Air...

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