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DJ MFG. CORP. v. U.S.

No. 95-5128.

86 F.3d 1130 (1996)

DJ MANUFACTURING CORPORATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined August 19, 1996.

Attorney(s) appearing for the Case

Marc Lamer, Kostos and Lamer, P.C., Philadelphia, Pennsylvania, argued for plaintiff-appellant.

John C. Erickson III, 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 CLEVENGER, Circuit Judge, NIES, Senior Circuit Judge, and BRYSON, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined August 19, 1996.

BRYSON, Circuit Judge.

DJ Manufacturing Corporation (DJ) appeals from a decision of the United States Court of Federal Claims granting summary judgment to the government. DJ argued that the liquidated damages clause in the contract between the parties was unenforceable as a penalty. The trial court rejected that argument, DJ Mfg. Corp. v. United States, 33 Fed. Cl. 357 (Fed...

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