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ALLIED SIGNAL, INC. v. U.S.

No. 90-1324.

941 F.2d 1194 (1991)

ALLIED SIGNAL, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

July 29, 1991.

Attorney(s) appearing for the Case

James J. Gallagher, McKenna, Conner & Cuneo, Los Angeles, Cal., argued, for appellant. With him on the brief was Mark R. Troy.

Jane W. Vanneman, Senior Trial Counsel, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Major Pat Vandenbroeke, Dept. of the Air Force, Washington, D.C. and Faith Ford Biggs and Ellie Bomar, Defense Logistics Agency, Dallas, Tex., of counsel.

Before MAYER, PLAGER and RADER, Circuit Judges.

PLAGER, Circuit Judge.

Allied Signal, Inc. (Allied) appeals from the November 1, 1989 decision of the Armed Services Board of Contract Appeals (ASBCA or Board) which granted the government's motion for partial summary judgment. Allied had disputed the government's right to withhold progress payments due under its contract with the government. The government withheld the payments after concluding, in light of a separate dispute with Allied regarding the terms of the...

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