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JAMES M. ELLETT CONST. CO., INC. v. U.S.

No. 94-5161.

93 F.3d 1537 (1996)

JAMES M. ELLETT CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 26, 1996.

Attorney(s) appearing for the Case

Michael E. Haglund, Haglund & Kirtley, Portland, Oregon, argued, for plaintiff-appellant. With him on the brief was Kathleen A. Pool.

Sharon Y. Eubanks, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for defendant-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Steven E. Gordon, Trial Attorney. Of counsel was James M. Kinsella.

Before MAYER, MICHEL and BRYSON, Circuit Judges.

MAYER, Circuit Judge.

James M. Ellett Construction Company, Inc. appeals the judgment of the United States Court of Federal Claims, No. 90-641 C (July 29, 1994), dismissing its suit challenging a contracting officer's final decision for want of subject matter jurisdiction because Ellett had not submitted a "claim" that complied with the requirements of the Contract Disputes Act. Subsequent to the court's dismissal, this court clarified the definition of a claim, overruling...

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