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WEST COAST GENERAL CORP. v. DALTON

No. 94-1075.

39 F.3d 312 (1994)

WEST COAST GENERAL CORPORATION, Appellant, v. John H. DALTON, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

November 9, 1994.

Attorney(s) appearing for the Case

Robert J. Marks, Marks & Golia, San Diego, CA, submitted for appellant. With him on the brief was Thomas F. DiPaolo.

John P. Sholar, Attorney, Commercial Litigation Branch, Department of Justice, Washington, DC, argued for appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Anthony H. Anikeefe, Asst. Director.

Before NEWMAN, LOURIE, and RADER, Circuit Judges.

RADER, Circuit Judge.

West Coast General Corporation sought an equitable adjustment. The Armed Services Board of Contract Appeals dismissed this claim as untimely. ASBCA No. 44294, 93-3 B.C.A. (CCH) ¶ 26,242 (1993). Because the Board properly determined that West Coast's appeal was untimely, this court affirms.

BACKGROUND

The Department of the Navy awarded West Coast Contract No. N62474-83-C-2729 to build a Landing Craft Air Cushion Complex...

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