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WICKHAM CONTRACTING CO., INC. v. FISCHER

No. 93-1146.

12 F.3d 1574 (1994)

WICKHAM CONTRACTING CO., INC., Appellant, v. Dennis J. FISCHER, Acting Administrator, General Services Administration, Appellee.

United States Court of Appeals, Federal Circuit.

January 6, 1994.

Attorney(s) appearing for the Case

Peter L. Agovino, Goldberg & Connolly, Rockville Centre, NY, argued, for appellant. With him on the brief was Henry L. Goldberg.

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

Before RICH, MICHEL and CLEVENGER, Circuit Judges.

MICHEL, Circuit Judge.

Wickham Contracting Company appeals from a decision of the General Services Administration Board of Contract Appeals (Board), denying Wickham's claim for an equitable adjustment for overhead expenses incurred under a contract with the General Services Administration (GSA) as a result of GSA-imposed delays. Wickham Contracting Co., GSBCA No. 8675, 92-3 BCA ¶ 25,040, 1992 WL 88326 (Apr. 29, 1992). First, the Board held that the

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