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C.B.C. ENTERPRISES, INC. v. U.S.

No. 91-5154.

978 F.2d 669 (1992)

C.B.C. ENTERPRISES, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined December 1, 1992.

Attorney(s) appearing for the Case

Gary G. Stevens, Bogle & Gates, Washington, D.C., argued, for plaintiff-appellant. With him on the brief, was Vincent S. Antonacci. Of counsel was Marc Stec.

Virginia M. Lum, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Martha H. DeGraff, Asst. Director and Samuel C. Watkins, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on the brief, for defendant-appellee.

James A. Pemberton, Jr. and Christopher M. McNulty, of King & King, Chartered, Washington, D.C., were on the brief, for amicus curiae, The Associated Gen. Contractors of America.

Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing En Banc Declined December 1, 1992.

CLEVENGER, Circuit Judge.

C.B.C. Enterprises, Inc. (CBC) appeals from the September 18, 1991 decision of the United States Claims Court granting summary judgment to the United States. C.B.C. Enters., Inc. v. United States, 24 Cl.Ct. 187 (1991). The Claims Court held that CBC was not entitled to use the Eichleay formula to calculate extended home office overhead on a 24-day...

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