REFLECTONE, INC., Appellant,
v.
John H. DALTON, Secretary of the Navy, Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 26, 1995.
Rehearing Denied September 27, 1995.
Attorney(s) appearing for the Case
Victor J. Zupa, Dickstein, Shapiro & Morin, L.L.P., Washington, DC, argued, for appellant. With him on the brief were Brian J. Siebel and Ellen MacDonald, of counsel.
Sharon Y. Eubanks, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for appellee. With her on the brief were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director. Also on brief was Robert C. Ashpole, Dept. of Navy, Washington, DC, of counsel.
David A. Churchill, McKenna & Cuneo, Washington, DC, was on the brief, for amicus curiae, Chamber of Commerce of U.S. With him on the brief were Alison L. Doyle and J. Keith Burt. Also on the brief was Robin S. Conrad, Nat. Chamber Litigation Center, Inc., Washington, DC, of counsel.
Stephen T. Owen, Marcus B. Slater, Jr., Lisa D. Goekjian, Jerald S. Howe, Jr., President and George E. Hutchinson, Executive Director, Washington, DC, were on the brief, for amicus curiae, Federal Circuit Bar Ass'n.
Gregory A. Smith, Piper & Marbury, Washington, DC, was on the brief, for amicus curiae, Nat. Security Indus. Ass'n, Aerospace Industries Ass'n of America, Inc. and Electronic Industries Ass'n. With him on the brief were Michael W. Clancy and Vincent S. Antonacci, Pettit & Martin, Washington, DC.
Opinion for the court filed by Circuit Judge MICHEL. Concurring opinion filed by Circuit Judge NIES.
MICHEL, Circuit Judge.
Reflectone, Inc. (Reflectone) appeals from the decision of the Armed Services Board of Contract Appeals (Board) dismissing Reflectone's appeal for lack of subject matter jurisdiction. Reflectone, Inc., ASBCA No. 43081, 93-1 BCA ¶ 25,512, 1992 WL 302847 (1992). The Board held that Reflectone had not submitted a "claim" within...
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