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FRANCIS E. HEYDT CO. v. U.S.

No. 90-5144.

948 F.2d 672 (1991)

FRANCIS E. HEYDT COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, and Richard Cheney, Secretary of Defense, United States Department of Defense, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 4, 1991.

Attorney(s) appearing for the Case

Timothy Sullivan, Washington, D.C. (Katherine S. Nucci, Washington, D.C., and Edwin S. Hurst, Tulsa, Okl., on the briefs), for plaintiff-appellee.

Michael E. Robinson, Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Tony M. Graham, U.S. Atty., William Kanter, Dept. of Justice, Washington, D.C., and Judith Pullman Gever, Defense Indus. Supply Center, Philadelphia, Pa., on the briefs), for defendants-appellants.

Before LOGAN, MOORE, and ANDERSON, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Francis E. Heydt Company, a manufacturer of military apparel, sought declaratory and injunctive relief to prohibit the Secretary of Defense, Richard Cheney, (the Secretary) from withholding payments on uniforms delivered under a contract with the Department of Defense (DOD). Although the district court found the claim for payment of invoices properly resided with the Claims Court, it held the Secretary's failure to afford notice and a...

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