INTERSTATE GENERAL GOVERNMENT CONTRACTORS v. STONE

No. 92-1079.

980 F.2d 1433 (1992)

INTERSTATE GENERAL GOVERNMENT CONTRACTORS, INC., Appellant, v. Michael P.W. STONE, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

December 3, 1992.


Attorney(s) appearing for the Case

Glen W. Clark, Jr., Palmer, Howard & Clark, Austell, Ga., argued, for appellant.

Franklin E. White, Jr., Attorney, 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 and Thomas W. Petersen, Asst. Director. Also on the brief was Major Robert L. Duecaster, Dept. of Army, of counsel.

Before NIES, Chief Judge, SKELTON, Senior Circuit Judge, and LOURIE, Circuit Judge.


LOURIE, Circuit Judge.

Interstate General Government Contractors, Inc. (IGGC) appeals from the August 8, 1991 decision of the Armed Services Board of Contract Appeals, ASBCA No. 42742, 91-3 B.C.A. (CCH) ¶ 24,280, denying IGGC's motion and granting the government's cross-motion for summary judgment on IGGC's claim for an equitable adjustment of $48,186.70. Because IGGC failed to seek clarification of a patent ambiguity in the contract at issue prior to bidding...

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