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IN RE MURDOCK MACH. AND ENGINEERING CO. OF UTAH

No. 92-4022.

990 F.2d 567 (1993)

In re MURDOCK MACHINE AND ENGINEERING COMPANY OF UTAH, Bankrupt. UNITED STATES of America, Appellant, v. Logan A. BAGLEY, Trustee, Appellee.

United States Court of Appeals, Tenth Circuit.

April 6, 1993.

Attorney(s) appearing for the Case

Katherine S. Gruenheck, Atty., Civ. Div. (Stuart M. Gerson, Asst. Atty. Gen., David J. Jordan, U.S. Atty., Barbara C. Biddle and Bernard J. McKay, Attys., Civ. Div., with her on the brief), Dept. of Justice, Washington, DC, for appellant.

Robert H. Koehler of Patton, Boggs & Blow (James B. Lee, Craig B. Terry, and E. Russell Vetter of Parsons, Behle & Latimer, Salt Lake City, UT, and Jonathan S. Baker, of Patton, Boggs & Blow, with him on the brief), Washington, DC, for appellee.

Before LOGAN and TACHA, Circuit Judges, and CAUTHRON, District Judge.

LOGAN, Circuit Judge.

The United States appeals the district court's affirmance of the bankruptcy court's grant of summary judgment in favor of appellee Logan Bagley, trustee in bankruptcy for Murdock Machine and Engineering Co. of Utah (Murdock). The issues on appeal are whether the district court erred in not deferring to the Armed Services Board of Contract Appeals (ASBCA) for resolution of claims disputes relating to government contracts that apparently comprise...

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