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MADIGAN v. HOBIN LUMBER CO.

No. 92-1056.

986 F.2d 1401 (1993)

Edward R. MADIGAN, Secretary of Agriculture, Appellant, v. HOBIN LUMBER COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined April 22, 1993.

Attorney(s) appearing for the Case

Kirk T. Manhardt, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief was Kenneth Capps, Office of General Counsel, Dept. of Agriculture, Washington, DC, of counsel.

Jan D. Sokol, Stafford, Frey, Cooper & Stewart, Portland, OR, argued, for appellee. With him on the brief was Christopher A. Rycewicz.

Before MAYER, MICHEL, and LOURIE, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined April 22, 1993.

MICHEL, Circuit Judge.

Edward R. Madigan, Secretary of Agriculture (hereinafter "the government"), appeals from a decision of the United States Department of Agriculture, Board of Contract Appeals (Board), which granted summary judgment in favor of Hobin Lumber Company (Hobin) and denied the government's motion for summary judgment. Hobin Lumber Co., AGBCA No. 87-170-1, 91-3...

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