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HEYL & PATTERSON, INC. v. O'KEEFE

Nos. 91-1446, 92-1072.

986 F.2d 480 (1993)

HEYL & PATTERSON, INC., Appellant, v. Sean C. O'KEEFE, Acting Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

February 12, 1993.

Attorney(s) appearing for the Case

Sterling C. Scott, Jenner & Block, Washington, DC, argued, for appellant. With him on the brief, was D. Joe Smith, of counsel.

Lisa B. Donis, Atty., Commercial Litigation Branch, Dept. of Justice, argued, for appellee. With her on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Sharon Y. Eubanks, Asst. Director, and Joan M. Bernott. Also on the brief, were James H. Phillips, Asst. Director, and James H. Haag, Navy Litigation Counsel, Washington, DC, of counsel.

Before RICH, NEWMAN, and MICHEL, Circuit Judges.

MICHEL, Circuit Judge.

Heyl & Patterson, Inc. appeals two decisions of the Armed Services Board of Contract Appeals (the Board). In its first decision, dated April 17, 1991, the Board held that it lacked jurisdiction over Heyl & Patterson's November 21, 1989 claim because the claim was not properly certified as required by the Contract Disputes Act (CDA), 41 U.S.C. § 605(c)(1) (1988). Heyl & Patterson, Inc., ASBCA Nos. 40604 & 42589, 91...

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