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INSTITUTE FOR TECHNOLOGY DEVELOPMENT v. BROWN

No. 94-60432.

63 F.3d 445 (1995)

INSTITUTE FOR TECHNOLOGY DEVELOPMENT, Plaintiff-Appellant, v. Ronald H. BROWN, Secretary of Commerce, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 13, 1995.

Attorney(s) appearing for the Case

Thomas W. Crockett, Watkins Ludlam & Stennis, Jackson, MS, for appellant.

Lemuel A. Smith, III, Asst. U.S. Atty., George Phillips, U.S. Atty., Jackson, MS, Janis C. Kestenbaum, Asst., Barbara C. Biddle, Asst. Director, Sandra M. Schraibman, U.S. Dept. of Justice, Civ. Div., Washington, DC, for appellees.

Before VAN GRAAFEILAND, E. GRADY JOLLY and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal raises the somewhat technical, yet fact specific question of whether this recipient of federal grants can claim depreciation as an allowable substitute cost. Although somewhat repetitious with other parts of this opinion, the recital of some background initially will place in context the issue we consider.

The Public Works and Economic Development Act bestows on the Secretary of Commerce the authority to make grants...

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