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U.S. v. GRUMMAN AEROSPACE CORP.

No. 90-1217.

927 F.2d 575 (1991)

The UNITED STATES, Appellant, v. GRUMMAN AEROSPACE CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

February 27, 1991.

Attorney(s) appearing for the Case

Peter G. Barber, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief were C. John Turnquist, Associate General Counsel and James T. DeLanoy, Sr. Trial Counsel, Litigation Office, Dept. of the Navy, of counsel.

Gene Perry Bond, of Washington, D.C., argued for appellee. With him on the brief were Lynda Troutman O'Sullivan, John M. Devaney and Perkins Coie. Also on the brief was Raphael Mur, Vice President, General Counsel and Secretary, Grumman Aerospace Corp., of counsel.

Before MARKEY, Circuit Judge, MILLER, Senior Circuit Judge, and MICHEL, Circuit Judge.

MARKEY, Circuit Judge.

In our non-precedential opinion of October 1, 1990, United States v. Grumman Aerospace Corp., 918 F.2d 185 (Fed.Cir.1990) (table), we vacated the decision of the Armed Services Board of Contract Appeals (Board), Grumman Aerospace Corp., No. 34665, 90-1 B.C.A. (CCH) ¶ 22,417, 1989 WL 222679 (1989). In that vacated decision, the Board had required the United States to pay contract "costs" presented in a January 1987 claim of...

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