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AMERICAN SATELLITE CO. v. U.S.

No. 92-5136.

998 F.2d 950 (1993)

AMERICAN SATELLITE COMPANY, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined October 27, 1993.

Attorney(s) appearing for the Case

Caryl A. Potter, III, Sonnenschein, Nath & Rosenthal, Washington, DC, argued, for plaintiff-appellant.

Terrence S. Hartman, Dept. of Justice, Washington, DC, argued, for defendant-appellee. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Allen D. Bruns, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, DC, were on the brief, for defendant-appellee. Also on the brief were June W. Edwards, Associate Gen. Counsel and William J. Bierbower, Sr. Atty., National Aeronautics and Space Admin., of counsel.

Before RICH, MAYER and LOURIE, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined October 27, 1993.

MAYER, Circuit Judge.

American Satellite Company (ASC) appeals the judgment of the United States Court of Federal Claims,1 26 Cl.Ct. 146 (1992), which held it could not recover damages under its August 3, 1984, contract with the National Aeronautics and Space Administration (NASA) where NASA's failure to launch...

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