INGALLS SHIPBUILDING, INC. v. O'KEEFE

Nos. 91-1417, 91-1444 and 91-1505.

986 F.2d 486 (1993)

INGALLS SHIPBUILDING, 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

Gregory A. Smith, Pettit & Martin, Washington, DC, argued, for appellant. With him on the brief, was Michael W. Clancy. Also on the brief, were William J. Powers, Jr. and John H. Carlson, Ingalls Shipbuilding, Inc., Pascagoula, MS, of counsel.

Joan M. Bernott, Sp. Litigation Counsel, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for appellee. With her on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen. Also on the brief, were James H. Phillips, Asst. Director, Navy Litigation Office, William A. Longwell, Naval Sea Systems Command, William E. Pressly, Conversion Repair, USN and James H. Haag, Trial Atty., Navy Litigation Office, of counsel.

Before MICHEL, LOURIE, and RADER, Circuit Judges.


MICHEL, Circuit Judge.

Ingalls Shipbuilding, Inc. (Ingalls) appeals from two decisions of the Armed Services Board of Contract Appeals (ASBCA) and from the denial of reconsideration of one of them. In ASBCA No. 38323, 91-2 BCA ¶ 23,904 (March 21, 1991), the ASBCA granted the government's motion to dismiss Ingalls' appeal for lack of subject matter jurisdiction because a proper official had not certified Ingalls' claim to the contracting officer, pursuant to Contract...

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