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WILNER v. U.S.

No. 92-5161.

994 F.2d 783 (1993)

Melvin WILNER, d/b/a Wilner Construction Company, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 2, 1993.

Order Accepting Rehearing and Vacating Judgment August 2, 1993.

Attorney(s) appearing for the Case

Matthew R. Rutherford, Atty., Law Offices of Matthew R. Rutherford, San Diego, CA, argued for plaintiff-appellee.

Brad Fagg, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Stuart M. Gerson, Assistant Attorney General, David M. Cohen, Director, Sharon Y. Eubanks, Asst. Director and Mary Mitchelson, Deputy Director.

Before NEWMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and SCHALL, Circuit Judge.

Order Accepting Rehearing In Banc and Vacating Judgment August 2, 1993.

BENNETT, Senior Circuit Judge.

The United States (government) appeals from a decision1 of the United States Claims Court (Claims Court)2. The Claims Court (1) altered the contracting officer's calculations to increase the quantum of delay damages awarded to Melvin Wilner, d/b/a Wilner Construction Company (Wilner), by $26,271.49...

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