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RICE v. MARTIN MARIETTA CORP.

93-1025.

13 F.3d 1563 (1993)

Donald B. RICE, Secretary of the Air Force, Appellant, v. MARTIN MARIETTA CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

December 28, 1993.

Attorney(s) appearing for the Case

Steven L. Schooner, Trial Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued for appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief were Bryan R. O'Boyle, Diana S. Dickenson, Dept. of the Air Force and John N. Ford and Paul C. Mitchell, Defense Contract Audit Agency, of counsel.

F. Barry Hennegan, Gen. Counsel, Martin Marietta Aero & Naval Systems, of Baltimore, Md, argued for appellee. With him on the brief was Maryanne R. Lavan, Asst. Gen. Counsel.

Before RICH, MICHEL and PLAGER, Circuit Judges.

MICHEL, Circuit Judge.

The Secretary of the Air Force (the government) appeals from the June 5, 1992 decision of the Armed Services Board of Contract Appeals (the ASBCA), No. 35895, pursuant to the Contract Disputes Act of 1978 (CDA), 41 U.S.C. § 607(g)(1). The ASBCA concluded that Defense Acquisition Regulation (DAR) 15-203(c) (codified at 32 C.F.R. § 15.203(c) (1984))1 and Cost Accounting Standard (CAS) 410 (codified at 4 C...

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