BLOUNT BROS. CORP. v. U.S.

No. 88-1479.

872 F.2d 1003 (1989)

BLOUNT BROTHERS CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

April 18, 1989.


Attorney(s) appearing for the Case

William R. Lucas, Jr., of Bradley, Arant, Rose & White, Birmingham, Ala., argued, for appellant. With him on the brief, was E. Glenn Waldrop, Jr.

Mark A. Melnick, of the Commercial Litigation Branch, Dept. of Justice, argued, for appellee. With him on the brief, were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen and E. Kathleen Shahan. Of counsel was Hayes P. Haddox, of the U.S. Army Corps of Engineers, Louisville, Ky.

Before FRIEDMAN and MICHEL, Circuit Judges, and BENNETT, Senior Circuit Judge.


MICHEL, Circuit Judge.

Blount Brothers Corporation (Blount Bros.) appeals the decision of the Armed Services Board of Contract Appeals (board), ASBCA No. 29862 (February 25, 1988), awarding a downward adjustment of $87,340.00 to the United States Army Corps of Engineers (government) because the gravel or "coarse aggregate" furnished pursuant to Blount Bros.' contract with the government failed to meet contract requirements as to color. We reverse because the board...

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