YOUNG-MONTENAY, INC. v. U.S.

No. 93-5095.

15 F.3d 1040 (1994)

YOUNG-MONTENAY, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Precedential Opinion February 2, 1994.


Attorney(s) appearing for the Case

Andrew J. Kilpatrick, Jr., Andrew J. Kilpatrick, Jr., P.A., of Jackson, Mississippi, argued for plaintiff-appellant.

Arnold M. Auerhan, Attorney, Commercial Litigation Branch, Department of Justice, of Washington, D.C., argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Jeanne E. Davidson, Assistant Director.

Before MICHEL, LOURIE and SCHALL, Circuit Judges.


MICHEL, Circuit Judge.

Young-Montenay, Inc. ("Young-Montenay") sought to recover costs incurred because of alleged government-caused delays on a boiler renovation project for the Department of Veterans Affairs ("VA"). Upon denial of its claims by the contracting officer, Young-Montenay sought relief from the United States Court of Federal Claims. In an amended answer, the government raised a special plea in fraud pursuant to 28 U.S.C. § 2514, and asserted counterclaims...

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