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GOULD, INC. v. U.S.

No. 90-5062.

935 F.2d 1271 (1991)

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

United States Court of Appeals, Federal Circuit.

June 7, 1991.

Attorney(s) appearing for the Case

Michael T. Janik, McKenna, Conner & Cuneo, Washington, D.C., argued, for plaintiff-appellant. With him on the brief was Patrick K. O'Keefe. Also on the brief was James W. Midgley, Vice President, General Counsel and Corporate Secretary, NavCom Defense Electronics, Inc., El Monte, Cal., of counsel.

Elizabeth S. Woodruff, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Stephen J. McHale, Asst. Director and Mary Mitchelsen. Also on the brief was Andrei Kushnir, Associate Counsel, Office of the General Counsel, Dept. of the Navy, Washington, D.C., of counsel.

Before NEWMAN, ARCHER and PLAGER, Circuit Judges.

ARCHER, Circuit Judge.

Gould, Inc. (Gould) appeals the judgment of the United States Claims Court, Gould, Inc. v. United States, 19 Cl.Ct. 257 (1990), dismissing its complaint against the United States for failure to state a claim upon which relief can be granted. We vacate and remand.

I

After a period of soliciting proposals in October 1983, the Naval Electronics Systems Command (Navy) awarded Gould a five-year contract, No. N00039-84-C-0168...

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