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U.S. v. DEKONTY CORP.

No. 90-1356.

922 F.2d 826 (1991)

The UNITED STATES, Appellant, v. DEKONTY CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 22, 1991.

Attorney(s) appearing for the Case

Martha H. DeGraff, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellant. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director.

Robert W. Tate, Law Offices of Robert W. Tate, Seattle, Washington, argued, for appellee.

Before RICH, MAYER, and RADER, Circuit Judges.

RADER, Circuit Judge.

The United States (Government) appeals from the judgment of the Armed Services Board of Contract Appeals (Board). DeKonty Corp., 90-2 BCA (CCH) ¶ 22,645, at 113,584 (ASBCA 1990). The Board found that the Government breached its contract with the DeKonty Corporation (DeKonty) by expressing an intent to withhold a scheduled progress payment. The Government appeals. This court reverses.

BACKGROUND

The United States...

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