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M.C. & D. CAPITAL CORP. v. U.S.

No. 91-1182.

948 F.2d 1251 (1991)

M.C. & D. CAPITAL CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied December 9, 1991 and January 22, 1992.

Attorney(s) appearing for the Case

Larry E. Robinson, Anderson, McPharlin & Conners, Los Angeles, Cal., argued for appellant, with him on the brief was William R. Moore.

Jane W. Vanneman, Sr. 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 was Carlton Arnold, Dept. of the Army, Corps of Engineers, Louisville, Ky., of counsel.

Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This is another of the all too frequently seen cases in which a government contractor attempts to cut corners by substituting cheaper and lower quality materials, methods and services for those specified in the contract, and as a result is unable to perform the contract in accordance with its terms. In this case, the government terminated its contract with the appellant M.C. & D. Capital Corp. (MC & D) for default because of...

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