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ARNOLD M. DIAMOND, INC. v. DALTON

No. 93-1436.

25 F.3d 1006 (1994)

ARNOLD M. DIAMOND, INC., Appellant, v. John H. DALTON, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 7, 1994.

Attorney(s) appearing for the Case

Christopher M. Houlihan, Roemer and Feathertonhaugh, P.C., New York City, for appellant.

John P. Sholar, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Anthony H. Anikeeff, Asst. Director. Also on the brief was John D. Tew, Trial Atty., Office of Gen. Counsel, Dept. of the Navy, Washington, DC, of counsel.

Before ARCHER, Chief Judge, COWEN, Senior Circuit Judge, and NIES, Circuit Judge.

COWEN, Senior Circuit Judge.

Arnold M. Diamond, Inc. (Diamond or contractor) appeals the May 11, 1993, decision of the Armed Services Board of Contract Appeals (ASBCA or Board), which denied Diamond's motion for reconsideration and affirmed the Board's earlier decision of December 31, 1992, granting the government's motion to dismiss for lack of subject matter jurisdiction. In re Arnold M. Diamond, Inc., 1992 WL 398328, on motion for reconsideration,

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