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WASHINGTON METRO A. TRANSIT AUTH. v. BUCHART-HORN, INC.

No. 88-2965.

886 F.2d 733 (1989)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Plaintiff-Appellee, v. BUCHART-HORN, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 3, 1989.

Attorney(s) appearing for the Case

John Faris Myers (Thomas J. Spain, Lawrence E. Conley, Frank, Bernstein, Conaway & Goldman, Bethesda, Md., on brief), for defendant-appellant.

Gerard J. Stief, Associate Gen. Counsel (Thomas B. Dorrier, Associate Gen. Counsel, Arnold I. Melnick, Deputy Gen. Counsel, Robert L. Polk, Acting Gen. Counsel, Washington, D.C., on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation, and HOFFMAN, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Chief Judge:

The defendant, Buchart-Horn, Inc., appeals from summary judgment entered against it after the Army Corps of Engineers Board of Contract Appeals ruled that Buchart-Horn provided substandard design specifications to its client, the Washington Metropolitan Area Transit Authority. Because we find that the parties' contract did not confer jurisdiction over this dispute upon the Board of Contract Appeals, we reverse and remand for trial.

I....

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