BATH IRON WORKS CORPORATION, Plaintiff-Appellee,
v.
The UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
March 11, 1994.
March 11, 1994.
Attorney(s) appearing for the Case
Robert H. Koehler, Patton, Boggs & Blow, Washington, DC, argued for plaintiff-appellee. With him on the brief was Michael J. Schaengold.
Shalom Brilliant, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Deputy Director. Also on the brief were David Agazarian, Harold A. Cohn, James Recasner and Samuel J. Galbo, Jr., Dept. of the Navy, of counsel.
Before RICH, MICHEL and LOURIE, Circuit Judges.
United States Court of Appeals, Federal Circuit.
MICHEL, Circuit Judge.
The United States appeals from the November 12, 1992 order of the United States Court of Federal Claims (CFC), 27 Fed.Cl. 114 (1992),1 denying its motion to dismiss Bath Iron Works Corporation's (BIW's) claims for price adjustments under two shipbuilding contracts either for lack of subject matter jurisdiction, or, alternatively, for failure to state a claim upon which relief can be granted, because the claims were...
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