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CECILE INDUSTRIES, INC. v. CHENEY

No. 92-1010.

995 F.2d 1052 (1993)

CECILE INDUSTRIES, INC./Ronald Lipshie, Trustee in Bankruptcy, Appellant, v. Dick CHENEY, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 10, 1993.

Attorney(s) appearing for the Case

Marc Lamer, Kostos & Lamer, P.C., Philadelphia, PA, argued for appellant.

John K. Lapiana, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and James M. Kinsella, Asst. Director. Also on the brief was Kathleen D. Hallam, Office of General Counsel, Defense Personnel Support Center, Philadelphia, PA, of counsel.

Before PLAGER, and RADER, Circuit Judges, and PLUNKETT, District Judge.

RADER, Circuit Judge.

Cecile Industries, Inc. (Cecile) appeals from a decision of the Armed Services Board of Contract Appeals. The Board held that the administrative offset provisions of the Debt Collection Act of 1982, Pub.L. No. 97-365 § 10, 96 Stat. 1749, 1754-55 (1982), codified at 31 U.S.C. § 3716 (1988) (DCA), do not apply to the Federal Government's offset of money within a single contract. Cecile Industries, Inc./Ronald Lipshie, Trustee in Bankruptcy...

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