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DALTON v. CESSNA AIRCRAFT CO.

No. 95-1409.

98 F.3d 1298 (1996)

John H. DALTON, Secretary of the Navy, Appellant, v. CESSNA AIRCRAFT COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined December 31, 1996.

Attorney(s) appearing for the Case

Laureen Kapin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellant. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Richard E. Rice, Assistant Director. Of counsel on the brief were R. Anthony McCann, Department of the Navy, Arlington, VA, and Evadne Sanichas, Department of the Navy, of San Bruno, CA.

Michael T. Janik, McKenna & Cuneo, L.L.P., Washington, DC, argued, for plaintiff-appellee. With him on the brief were C. Stanley Dees and John P. Wunderli.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined December 31, 1996.

Opinion for the court filed by Circuit Judge SCHALL. Dissenting opinion filed by Circuit Judge NEWMAN.

SCHALL, Circuit Judge.

This action arises under the Contract Disputes Act of 1978, as amended ("CDA"), 41 U.S.C. §§ 601-613 (1994). The United States Navy ("Navy") appeals from part of the decision of the Armed Services Board of Contract Appeals ("Board") in ...

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