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FOLEY CO. v. U.S.

No. 93-5084.

11 F.3d 1032 (1993)

FOLEY COMPANY, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

November 4, 1993.

Attorney(s) appearing for the Case

Seth Price, Shapiro, Fussell, Wedge & Smotherman, Atlanta, GA, argued for plaintiff-appellee. With him on the brief was Connie H. Buffington.

Kirk T. Manhardt, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Frank Carr, Saul Perloff and Jerusha White, Dept. of Army Corps of Engineers, of counsel.

Before ARCHER, LOURIE and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

The United States appeals the December 16, 1992 judgment of the United States Court of Federal Claims on cross-motions for partial summary judgment that denied the Government's request for an equitable adjustment pursuant to the Variation in Estimated Quantity (VEQ) clause, 48 C.F.R. § 52.212-11 (1992), contained in a contract to close hazardous waste lagoons and awarded Foley Company $212,517.63 plus interest for the removal of sludge...

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