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BOROUGH OF ALPINE v. U.S.

No. 90-5103.

923 F.2d 170 (1991)

The BOROUGH OF ALPINE, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 11, 1991.

Attorney(s) appearing for the Case

James P. Logan, Logan & Logan, P.C., Englewood, N.J., argued for plaintiff-appellant.

Scott E. Ray, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Stuart E. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Stephen J. McHale, Asst. Director. Also on the brief was Richard C. Jensen, Supervisory Atty., U.S. Postal Service, Washington, D.C., of counsel.

Before NEWMAN, ARCHER, and RADER, Circuit Judges.

RADER, Circuit Judge.

The Borough of Alpine (Alpine or Borough) filed a claim after expiration of the twelve-month deadline for filing appeals under the Contract Disputes Act, 41 U.S.C. § 609(a)(3) (1982) (CDA). The United States Claims Court dismissed.1 Borough of Alpine v. United States, 19 Cl.Ct. 802 (1990). Alpine appeals. This court affirms.

BACKGROUND

In 1981, the United States Postal Service (USPS)...

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