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KRYGOSKI CONST. CO., INC. v. U.S.

No. 95-5136.

94 F.3d 1537 (1996)

KRYGOSKI CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined November 7, 1996.

Attorney(s) appearing for the Case

H. Robert Showers, Gammon & Grange, P.C., McLean, Virginia, argued, for plaintiff-appellee. With him on the brief was Peter F. Rathbun.

Sheryl L. Floyd, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for defendant-appellant. With her on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Of counsel was Arvis Freimuts, Assistant District Counsel, U.S. Army Corps of Engineers, Detroit, Michigan.

Before RICH, RADER, and BRYSON, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined November 7, 1996.

RADER, Circuit Judge.

The United States Court of Federal Claims determined that the United States Army Corps of Engineers (Corps) had no justification for terminating a demolition contract with Krygoski Construction Company, Inc. (Krygoski) for the Government's convenience. Krygoski Constr. Co. v. United States, No. 214-89C (Fed.Cl. March 2, 1993). To remedy the breach, the...

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