ADAM SOMMERROCK HOLZBAU, GMBH v. U.S.

No. 88-1448.

866 F.2d 427 (1989)

ADAM SOMMERROCK HOLZBAU, GmbH, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 23, 1989.


Attorney(s) appearing for the Case

Scott Smith, Schwalb, Donnenfeld, Bray & Silbert, Washington, D.C., argued for appellant. Reed L. von Maur and Leodis C. Matthews, O'Haire, Fiore & von Maur, West Germany, were on the brief for appellant. Also on the brief were James K. Stewart and Keith R. Anderson, Schwalb, Donnenfeld, Bray & Silbert, Washington, D.C., of counsel.

Gordon D. Kromberg, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and M. Susan Burnett, Asst. Director.

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


ORDER

NIES, Circuit Judge.

The question raised by this appeal is whether Adam Sommerrock Holzbau, GmbH, has timely filed its appeal to this court from the decision of the Armed Services Board of Contract Appeals, Adam Sommerrock Holzbau, ASBCA No. 33,185, 88-2 B.C.A. (CCH) ¶ 20,797 (1988), which dismissed as untimely Holzbau's claim for attorney fees and expenses under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504 (1982 & Supp...

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