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NEWPORT NEWS SHIPBUILDING AND DRY DOCK CO. v. GARRETT

No. 91-1432.

6 F.3d 1547 (1993)

NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, Appellant, v. Lawrence H. GARRETT, III, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined January 3, 1994.

Attorney(s) appearing for the Case

John G. DeGooyer, Hopkins & Sutter, Washington, DC, argued, for appellant.

Peter G. Barber, Dept. of Justice, Washington, DC, argued, for appellee. With him on the brief were Stuart M. Gerson and David M. Cohen, Washington, DC. Also on the brief was Stephanie Cates-Harman, Dept. of Navy, Washington, DC. Of counsel was C. John Turnquist, Washington, DC.

Before MAYER, Circuit Judge, BENNETT, Senior Circuit Judge, and MICHEL, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined January 3, 1994.

MICHEL, Circuit Judge.

Newport News Shipbuilding and Dry Dock Company (NNS) appeals from the March 4, 1991 decision of the Armed Services Board of Contract Appeals (the Board or ASBCA), ASBCA No. 33244, 91-2 BCA ¶ 23,865, 1991 WL 41865, reconsideration denied, 91-3 BCA ¶ 24,132, 1991 WL 133263 (June 26, 1991), granting the government's motion to dismiss NNS' appeal...

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