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KELSO v. KIRK BROS. MECHANICAL CONTRACTORS, INC.

Nos. 92-1567, 93-1011.

16 F.3d 1173 (1994)

Admiral Frank B. KELSO, II, Acting Secretary of the Navy, Appellant, v. KIRK BROTHERS MECHANICAL CONTRACTORS, INC., Appellee. KIRK BROTHERS MECHANICAL CONTRACTORS, INC., Appellant, v. Admiral Frank B. KELSO, II, Acting Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

January 13, 1994.

Attorney(s) appearing for the Case

Helen Rosen, Office of the General Counsel, Department of the Navy, of Washington, D.C., argued for appellant/appellee. With her on the brief was John Dietrich. Also on the brief were Stuart M. Gerson, Assistant Attorney General, David M. Cohen, Director, Thomas W. Petersen, Assistant Director, Stuart E. Schiffer, Acting Assistant Attorney General and Mark A. Melnick, Attorney, Commercial Litigation Branch, Department of Justice, of Washington, D.C.

Francis X. Clark, Silverman, Clark & Van Galen, P.C., of King of Prussia, Pennsylvania, argued for appellee/appellant. With him on the brief was John H. Kiefel.

Before LOURIE, Circuit Judge, SKELTON, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

Under the Contract Disputes Act, 41 U.S.C. §§ 606-07 (1988 & Supp. IV 1992), Kirk Brothers Mechanical Contractors (Kirk) appealed several claims to the Armed Services Board of Contract Appeals. The United States Department of the Navy had terminated Kirk's Contract No. N62472-82-C-0099 for default. The Board awarded Kirk a $1,017.20 price increase and converted the default termination to a termination for the convenience of the...

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