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MEDART v. AUSTIN

No. 91-1338.

967 F.2d 579 (1992)

MEDART, INC., Appellant, v. Richard G. AUSTIN, Administrator, General Services Administration, Appellee.

United States Court of Appeals, Federal Circuit.

June 24, 1992.

Attorney(s) appearing for the Case

Lester F. Smith and Robert L. McArty, Perry, Morrison & Smith, Jackson, Miss., argued, for appellant.

Catherine A. Christman, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Martha H. DeGraff, Asst. Director. Also on the brief was Steven M. Stomski, Asst. General Counsel, Personal Property Div., General Services Admin., of counsel.

Before NIES, Chief Judge, MAYER and PLAGER, Circuit Judges.

MAYER, Circuit Judge.

Medart, Inc. appeals the decision of the General Services Administration Board of Contract Appeals, 91-2 B.C.A. (CCH) ¶ 23,741, 1991 WL 15456 (1991), rejecting its demand for reimbursement of losses incurred in the performance of a requirements contract because of variance between actual orders and the government's estimated requirements. We affirm.

Background

The underlying facts are essentially undisputed. On January...

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