FRUIN-COLNON CORP. v. U.S.

No. 90-1059.

912 F.2d 1426 (1990)

FRUIN-COLNON CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

August 10, 1990.


Attorney(s) appearing for the Case

R. Troy Kendrick, Jr., Blumenfeld, Sandweiss, Marx, Tureen, Ponfil & Kaskowitz, P.C., Clayton, Mo., argued, for appellant. With him on the brief was W. Mark Rasmussen, St. Louis, Mo.

Catherine A. Christman, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Stephen J. McHale, Asst. Director. Also on the brief was Vanessa R. Jones, U.S. Army Corps of Engineers, Kansas City, Mo., of counsel.

Before NIES, Chief Judge, PLAGER, Circuit Judge, and WILL, District Judge.


PLAGER, Circuit Judge.

Fruin-Colnon Corporation ("Fruin") entered into a contract with the U.S. Army Corps of Engineers ("Government") to construct an addition to an existing Government building in St. Louis. Part way through performance of the contract, the parties fell into disagreement over how the electrical subcontract should be performed, a dispute based on a difference in interpretation of the contract terms. The dispute was resolved only by the Government...

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