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PERRY v. MARTIN MARIETTA CORP.

No. 93-1164.

47 F.3d 1134 (1995)

William J. PERRY, Secretary of Defense, Appellant, v. MARTIN MARIETTA CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

February 10, 1995.

Attorney(s) appearing for the Case

Harold D. Lester, Jr., Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for appellant. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Terry L. Albertson, Crowell & Moring, Washington, DC, argued for appellee. Of counsel was Jeffrey M. Villet.

Before ARCHER, Chief Judge, SMITH, Senior Circuit Judge, and MAYER, Circuit Judge.

ARCHER, Chief Judge.

The Secretary of Defense appeals the decision of the Armed Services Board of Contract Appeals (board), ASBCA Nos. 38,920 and 41,565, 92-3 BCA ¶ 25,175 (1992), holding that Martin Marietta Corporation's (MMC) 1986 internal corporate reorganizations did not result in a change in cost accounting practices, other than those already reported and disclosed by MMC, under the terms of its cost-type contracts. We affirm.

DISCUSSION

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