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UNISYS CORP. v. U.S.

89-1314.

888 F.2d 841 (1989)

UNISYS CORPORATION, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

Suggestion for Rehearing Declined January 25, 1990.

Attorney(s) appearing for the Case

Clarence T. Kipps, Jr., Miller & Chevalier, Chartered, of Washington, D.C., argued for appellant. With him on the brief were John Lloyd Rice and Scott E. Pickens. Also on the brief was Richard J. Marchek, Unisys Corp., of counsel.

Frank B. Flink, Jr., Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for appellee. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was Martha A. Klein, Sr. Trial Atty., Office of Gen. Counsel, U.S. Navy, of counsel.

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

Suggestion for Rehearing In Banc Declined January 25, 1990.

FRIEDMAN, Senior Circuit Judge.

The issue in this case is the amount of a downward contract price adjustment to which the government is entitled because of concededly defective price information that the appellant Unisys Corporation submitted to the government during contract negotiations. The Armed Services Board of Contract Appeals (Board) held that the...

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