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ORLANDO HELICOPTER AIRWAYS, INC. v. WIDNALL

No. 94-1399.

51 F.3d 258 (1995)

ORLANDO HELICOPTER AIRWAYS, INC., Appellant, v. Sheila WIDNALL, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

March 23, 1995.

Attorney(s) appearing for the Case

Dale C. Nathan, Atty., Eagan, MN, submitted for appellant.

Stephanie E. Jackson, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued for appellee (Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. Director, Commercial Litigation Branch, Dept. of Justice, were on the brief), for appellee.

Before NEWMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and RADER, Circuit Judge.

BENNETT, Senior Circuit Judge.

Orlando Helicopter Airways, Inc. (OHA), seeks to recover excess costs it incurred on a firm fixed price contract when the government investigated it for safety violations and fraud. The Armed Services Board of Contract Appeals (Board) held that the sovereign acts doctrine barred recovery of costs which stemmed from the government's criminal investigation, but that OHA might still recover costs for changes the contracting officer imposed...

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