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M. BIANCHI OF CALIFORNIA v. PERRY

No. 93-1087.

31 F.3d 1163 (1994)

M. BIANCHI OF CALIFORNIA, Appellant, v. William J. PERRY, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

August 10, 1994.

Attorney(s) appearing for the Case

Michael A. Hordell, Petrillo & Hordell, Washington, DC, argued for appellant. With him on the brief was Jessica C. Abrahams. Robert Allan Brunette, of Flintridge, CA, represented appellant.

Geoffrey C. Cook, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for appellee. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Before ARCHER, Chief Judge, NEWMAN and CLEVENGER, Circuit Judges.

ARCHER, Chief Judge.

DECISION

M. Bianchi of California (MBOC) appeals the July 31, 1992 decision of the Armed Services Board of Contract Appeals (ASBCA or board), ASBCA Nos. 37029 and 37071 (consolidated), denying MBOC royalties based on two value engineering change proposals it submitted during the performance of its government contract. We vacate and remand.

DISCUSSION

I.

MBOC operated a garment manufacturing business with its...

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