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BILL STRONG ENTERPRISES, INC. v. SHANNON

No. 94-1013.

49 F.3d 1541 (1995)

BILL STRONG ENTERPRISES, INC., Appellant, v. John SHANNON, Acting Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

March 2, 1995.

Attorney(s) appearing for the Case

Chris M. Darby, Mattox & Associates, P.C., Colorado Springs, CO, argued for appellant. With him on the brief was Judith Ward Mattox. Also on the brief was Sherman A. Botts, Lathrop & Norquist, Kansas City, MO.

John K. Lapiana, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director.

Before RICH, CLEVENGER, and SCHALL, Circuit Judges.

CLEVENGER, Circuit Judge.

Bill Strong Enterprises, Inc. (BSE) appeals from a decision of the Armed Services Board of Contract Appeals (ASBCA or Board) denying BSE's claim for recovery of consulting costs. Bill Strong Enters., Inc., ASBCA Nos. 42946, 43896, 93-3 BCA ¶ 25,961 (1993). Because the Board misconstrued the applicable regulation, we reverse and remand for further proceedings.

I

On June 18, 1987, the Department of the Army (Government...

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