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M.A. MORTENSON CO. v. U.S.

No. 89-1107.

877 F.2d 50 (1989)

M.A. MORTENSON COMPANY, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 5, 1989.

Attorney(s) appearing for the Case

Ronald A. Schechter, Jones, Day, Reavis & Pogue, Washington, D.C., argued for plaintiff-appellee. With him on the brief were Joseph D. West and Rosemary Maxwell.

Paula J. Barton, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With her on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was Kenneth B. MacKenzie, Office of General Counsel, Veterans Admin., Washington, D.C.

Before RICH and ARCHER, Circuit Judges, and NICHOLS, Senior Circuit Judge.

ORDER

ARCHER, Circuit Judge.

This appeal arises from the orders and partial judgment of the United States Claims Court, M.A. Mortenson Co. v. United States, 15 Cl.Ct. 362 (1988), awarding attorney fees as part of the sanctions against the United States (government) under Rule 37 of the Rules of the United States Claims Court (RUSCC) for its failure to comply with that court's orders of January 25 and March 15, 1988 compelling discovery.

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