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PLACEWAY CONST. CORP. v. U.S.

No. 90-5017.

920 F.2d 903 (1990)

PLACEWAY CONSTRUCTION CORPORATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Order on Grant of Rehearing in part November 14, 1990.

Attorney(s) appearing for the Case

Vincent J. Zichello, of Bergadano, Zichello & Babchick, New York City, for plaintiff-appellant.

Julie A. Helitzer, of the Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director. Also on the brief was George Kuehnle, of the U.S. Coast Guard, Washington, D.C.

Before MAYER, Circuit Judge, SKELTON, Senior Circuit Judge, and MICHEL, Circuit Judge.

MICHEL, Circuit Judge.

Placeway Construction Corp. (Placeway) appeals the United States Claims Court's order of September 11, 1989, dismissing its complaint for lack of jurisdiction because, inter alia, the court concluded that the contracting officer (CO) had not made a final decision as to a government claim against Placeway. See Placeway Constr. Corp. v. United States, 18 Cl.Ct. 159 (1989). We affirm the Claims Court's dismissal of Placeway's count seeking...

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