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AVIATION CONTRACTOR EMPLOYEES, INC. v. U.S.

No. 91-1012.

945 F.2d 1568 (1991)

AVIATION CONTRACTOR EMPLOYEES, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

October 4, 1991.

Attorney(s) appearing for the Case

James N. Walter, Jr., Capell, Howard, Knabe & Cobbs, P.A., Montgomery, Ala., argued for appellant; Herman H. Hamilton, Jr., on the brief.

J. Peter Mulhern, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee; Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and James M. Kinsella, Asst. Director; Major Raymond M. Saunders, Trial Atty., Arlington, Va., of counsel, on the brief.

Before RICH and NEWMAN, Circuit Judges, and SMITH, Senior Circuit Judge.

RICH, Circuit Judge.

Aviation Contractor Employees, Inc. (ACE) appeals from the May 16, 1990 decision of the Armed Services Board of Contract Appeals (Board) in Appeal Nos. 30154 and 33054, denying in part ACE's request for an equitable cost adjustment. We affirm-in-part, vacate-in-part, and remand.

BACKGROUND

ACE was awarded Contract No. DABT01-82-C-0300 (the contract) to provide flight training for student pilots at Fort Rucker, Alabama. The contract...

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