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J.L. MALONE & ASSOCIATES, INC. v. U.S.

No. 89-1056.

879 F.2d 841 (1989)

J.L. MALONE & ASSOCIATES, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

July 13, 1989.

Attorney(s) appearing for the Case

Thomas J. Wingfield, III, of Varner, Stephens, Wingfield, McIntyre & Humphries, Atlanta, Ga., argued for appellant. With him on the brief was Peggy J. Caldwell, of Varner, Stephens, Wingfield, McIntyre & Humphries, Atlanta, Ga.

Theodore R. Carter, III, of the Civ. Div., 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 Robert A. Reutershan, Asst. Director. Of counsel was Anna C. Maddan, of the VA Marketing Center, Hines, Ill.

Before FRIEDMAN, NIES, and MAYER, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the Veterans Administration Board of Contract Appeals rejecting a contractor's appeal from the contracting officer's decision denying the contractor an equitable adjustment under a contract. The contractor sought compensation for (1) the additional cost it incurred for expanding the capability of an existing computer, as the contract required, rather than substituting a different computer, as the contractor...

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