TEXAS INSTRUMENTS INC. v. U.S.

No. 90-1194.

922 F.2d 810 (1990)

TEXAS INSTRUMENTS INCORPORATED, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Granted in part and Opinion Modified March 19, 1991.


Attorney(s) appearing for the Case

Kathy C. Weinberg, Doke & Riley, Dallas, Tex., argued for appellant. With her on the brief were Marshall J. Doke, Jr. and Claudia E. Decker, Dallas, Tex.

Jane W. Vanneman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Joan M. Bernott, Sp. Litigation Counsel, Dept. of Justice, Washington, D.C., were on the brief for appellee.

Before MARKEY, NEWMAN, and CLEVENGER, Circuit Judges.


CLEVENGER, Circuit Judge.

Texas Instruments Incorporated ("TI") appeals the final decision of the Armed Services Board of Contract Appeals ("ASBCA") that "the amount of $628,069 is determined to be a fair and reasonable price for [Contract] Modification PK0005." Texas Instruments Inc., 90-1 BCA (CCH) ¶ 22,537, at 113,097, 1989 WL 222693 (ASBCA Sept. 29, 1989) ("TI II"). In an earlier non-final decision...

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