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CASE, INC. v. U.S.

No. 94-5140.

88 F.3d 1004 (1996)

CASE, INCORPORATED, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 28, 1996.

Attorney(s) appearing for the Case

Marc Lamer, Kostos & Lamer, P.C., Philadelphia, Pennsylvania, argued, for plaintiff-appellant. Of counsel was Fredric T. Rekstis.

Luis M. Matos, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief, were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director.

Before MAYER, PLAGER and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

This action arises under the Contract Disputes Act of 1978, as amended ("CDA"), 41 U.S.C. §§ 601-13 (1994). Case, Incorporated ("Case"), appeals the July 5, 1994 order of the United States Court of Federal Claims in Docket No. 92-873 C. In its order, the court dismissed Case's complaint on the ground that the case was "moot" because the "issue presented" had been decided in a related suit, Case, Inc. v. United States, 25 Cl...

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