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GENERAL MOTORS CORP. v. ASPIN

Nos. 93-1352, 93-1417.

24 F.3d 1376 (1994)

GENERAL MOTORS CORPORATION, DETROIT DIESEL ALLISON DIVISION, Appellant, v. Les ASPIN, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Suggestion for Rehearing Denied and Declined June 9, 1994.

Attorney(s) appearing for the Case

Clarence T. Kipps, Jr., Atty., Miller & Chevalier, Chartered, Washington, DC, argued for appellant. Also on the brief were John C. Thede, Norman R. Thorpe, and W. Eric Pedersen, of General Motors Corp. and Robert K. Huffman, Alan C. Brown, Kevin C. Dwyer, and Willard L. Boyd, of Miller & Chevalier, Chartered, of counsel.

Domenique Kirchner, Atty., Dept. of Justice, Washington, DC, argued for appellee. With her on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Before NIES, NEWMAN, and RADER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied and Declined June 9, 1994.

RADER, Circuit Judge.

The Armed Services Board of Contract Appeals (ASBCA) sustained the Government's claim for a downward price adjustment on contracts with General Motors Corporation (GM). The ASBCA also denied GM's claim for a retroactive accounting practice change. General Motors Corp., 93-2 B.C.A. (CCH) ¶ 25,753 (1993). Because Cost Accounting Standard (CAS) 403...

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