H.L. SMITH, INC. v. DALTON

No. 94-1318.

49 F.3d 1563 (1995)

H.L. SMITH, INC., Appellant, v. John H. DALTON, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined June 1, 1995.


Attorney(s) appearing for the Case

Alvin S. Nathanson, Nathanson & Goldberg, A Professional Corp., Boston, MA, argued for appellant.

Dean L. Grayson, Atty., Commercial Litigation Branch, Dept. 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. Anikeeff, Asst. Director. Also on the brief was Alan Caramella, NAVFAC Litigation, Dept. of the Navy, of counsel.

Before RICH, NEWMAN, and RADER, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined June 1, 1995.

RADER, Circuit Judge.

H.L. Smith, Inc. submitted several requests for equitable adjustments and time extensions under its Government contract. The contracting officer declined to issue final decisions on Smith's submissions. Smith appealed the deemed denials to the Armed Services Board of Contract Appeals. The Board dismissed for lack of jurisdiction...

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