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HILLS MATERIALS CO. v. RICE

No. 92-1257.

982 F.2d 514 (1992)

HILLS MATERIALS COMPANY, Appellant, v. Donald B. RICE, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

December 29, 1992.

Attorney(s) appearing for the Case

Edward C. Carpenter, Costello, Porter, Hill, Heisterkamp and Bushnell, Rapid City, SD, argued for appellant.

Christopher R. Yukins, Dept. of Justice, Washington, DC, argued for appellee. With him on the brief were Stuart E. Gerson and David M. Cohen, Washington, DC. Of counsel was Lt. Colonel Alan R. Rotach, U.S. Air Force, Washington, DC.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

MAYER, Circuit Judge.

Hills Materials Company appeals the decision of the Armed Services Board of Contract Appeals, Nos. 42410 and 42411 (December 6, 1991), denying its application for an equitable adjustment for additional work performed under its contract with the United States Air Force to comply with revised Occupational Safety and Health Administration regulations. We reverse and remand.

Background

Hills Materials submitted bids on two...

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