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ROSEBURG LUMBER CO. v. MADIGAN

92-1062.

978 F.2d 660 (1992)

ROSEBURG LUMBER COMPANY, Appellant, v. Edward R. MADIGAN, Secretary of Agriculture, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied November 13, 1992.

Attorney(s) appearing for the Case

Ruth G. Tiger, Bogle & Gates, of Washington, D.C., argued for appellant. With her on the brief was Alan I. Saltman.

William C. Peachey, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, James M. Kinsella, Asst. Director and Terrence S. Hartman. Also on the brief was Jack Gipsman, Office of Gen. Counsel, U.S. Dept. of Agriculture, San Francisco, Cal., of counsel.

Before NIES, Chief Judge, RICH, Circuit Judge, and RESTANI, Judge.

RESTANI, Judge.

Appeal from decision of the United States Department of Agriculture Board of Contract Appeals ("AGBCA"), Docket Numbers 87-344-1 and 88-172-1, denying plaintiff's consolidated appeal for: (1) reformation or termination of its timber-sale contract with the Forest Service; and, (2) damages. We affirm.

This appeal presents two issues; namely, whether the AGBCA erred in determining that plaintiff was not entitled to rely on the information...

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