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NEW ERA CONST. v. U.S.

No. 89-1234.

890 F.2d 1152 (1989)

NEW ERA CONSTRUCTION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit

Rehearing Denied January 5, 1990.

Attorney(s) appearing for the Case

Charles Buchanan, Joplin, Mo., argued for appellant.

Donald E. Kinner, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director, Mary Mitchelson, Asst. Director and Catherine A. Christman. Also on the brief was John Opitz, Office of Gen. Counsel, Housing and Urban Development, Washington, D.C., of counsel.

Before BALDWIN and FRIEDMAN, Senior Circuit Judges, and MAYER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This is an appeal from a decision of the Department of Housing and Urban Development Board of Contract Appeals (Board) dismissing, for lack of jurisdiction, a claim against the Department based upon an alleged contract between the Department and a contractor. New Era Constr., HUD BCA No. 88-3406-C6, 89-1 B.C.A. ¶ 21,376, at 107,736. We affirm.

I

A. The appellant, New Era Construction (New Era), entered...

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