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HENSEL PHELPS CONST. CO. v. U.S.

No. 88-1545.

886 F.2d 1296 (1989)

HENSEL PHELPS CONSTRUCTION CO., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

September 29, 1989.

Attorney(s) appearing for the Case

John B. Hayes, Looney, Nichols, Johnson & Hayes, of Oklahoma City, Okl., submitted for appellant.

Catherine A. Christman, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., submitted for appellee. With her on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, M. Susan Burnett, Asst. Director and Howard Lipper.

Before SMITH, Senior Circuit Judge, NIES and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

Hensel Phelps Construction Co. (Hensel Phelps) appeals the decision of the Armed Services Board of Contract Appeals, ASBCA No. 35767, 88-2 BCA (CCH) ¶ 20,701, denying its claim for an equitable adjustment in the amount of $100,983.00 on Contract No. DACA 56-87-C-0002. We reverse and remand.

Background

Hensel Phelps' contract with the United States, entered into on October 29, 1986, was for the construction of a...

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