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TEXAS INSTRUMENTS INC. v. U.S.

No. 91-5136.

991 F.2d 760 (1993)

TEXAS INSTRUMENTS INCORPORATED, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 13, 1993.

Attorney(s) appearing for the Case

Marshall J. Doke, Jr., Doke & Riley, Dallas, TX, argued for plaintiff-appellant. With him on the brief were Kathy C. Weinberg and Claudia E. Fogle.

Mark A. Melnick, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Terrence S. Hartman, Asst. Director. Also on the brief were Ltc. Leo Wegemer, U.S. Air Force, Captain Timothy J. Saviano, U.S. Army and John Ford, Office of the Gen. Counsel, Defense Contract Audit Agency, of counsel.

Before ARCHER, PLAGER and CLEVENGER, Circuit Judges.

PLAGER, Circuit Judge.

Plaintiff-Appellant Texas Instruments Incorporated (TI or appellant) appeals from an Order of the United States Court of Federal Claims,1 which granted Defendant- Appellee United States' (Government or appellee) motion to dismiss two related, consolidated actions for failure to state a claim upon which relief can be granted.2 In the underlying...

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