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SALSBURY INDUSTRIES v. U.S.

No. 89-1592.

905 F.2d 1518 (1990)

SALSBURY INDUSTRIES, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 6, 1990.

Suggestion for Rehearing Declined July 27, 1990.

Attorney(s) appearing for the Case

Eugene R. Fidell, Feldesman, Tucker, Leifer, Fidell & Bank, Washington, D.C., argued, for plaintiff-appellant. With him on the brief, was Edward S. Wactlar, Blau, Kramer, Wactlar & Lieberman, P.C., Jericho, N.Y., of counsel.

Agnes M. Brown, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With her on the brief, were Stewart E. Schiffer, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief, was Mark E. Dennett, Postal Service Counsel, U.S. Postal Service, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, MAYER, Circuit Judge, and DUFF, District Judge.

Suggestion for Rehearing In Banc Declined July 27, 1990.

OPINION

MAYER, Circuit Judge.

Salsbury Industries appeals the judgment of the United States Claims Court, 17 Cl.Ct. 47 (1989), sustaining the convenience termination of Salsbury's contract with the United States Postal Service and denying Salsbury certain incentive payments. We affirm.

Background

The Postal Service solicited bids for the manufacture and installation...

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