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U.S. v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK CO.

No. 90-1474.

933 F.2d 996 (1991)

The UNITED STATES, Appellant, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

May 20, 1991.

Attorney(s) appearing for the Case

Deborah A. Bynum, Atty., 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.

John G. DeGooyer, Hopkins & Sutter, Washington, D.C., argued, for appellee. With him on the brief, was Ronald A. Uitz, of counsel.

Before MARKEY, MICHEL, and RADER, Circuit Judges.

MICHEL, Circuit Judge.

The United States appeals the decision of the Armed Services Board of Contract Appeals ("Board"), Appeal of Newport News Shipbuilding and Dry Dock Co., ASBCA No. 36751, 1990 WL 57424 (Apr. 26, 1990), granting summary judgment to appellee, Newport News Shipbuilding and Dry Dock Company ("Newport News"), and holding that it had subject matter jurisdiction to entertain Newport News' contract claim. As to jurisdiction, the Board based its...

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