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JANA, INC. v. U.S.

No. 91-5012.

936 F.2d 1265 (1991)

JANA, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 9, 1991.

Suggestion for Rehearing Declined July 30, 1991.

Attorney(s) appearing for the Case

Donald O. Ferguson, Gardner & Ferguson, Inc., San Antonio, Tex., argued, for plaintiff-appellee.

Donald E. Kinner, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued, for defendant-appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Asst. Director.

Before RICH, MICHEL and PLAGER, Circuit Judges.

Suggestion for Rehearing In Banc Declined July 30, 1991.

MICHEL, Circuit Judge.

The United States appeals the judgment of the United States Claims Court holding that JANA, Inc. did not overcharge the government on two contracts, and dismissing the government's counterclaim for repayment. JANA, Inc. v. United States, No. 650-87 C (Cl.Ct. Aug. 23, 1990). Because the Claims Court's construction of the contracts' records retention requirements was incorrect...

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