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DAFF v. U.S.

No. 95-5008.

78 F.3d 1566 (1996)

Charles W. DAFF, Trustee in Bankruptcy For Triad Microsystems, Inc., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 6, 1996.

Attorney(s) appearing for the Case

Richard W. Schwartzman, Ober, Kaler, Grimes & Shriver, Washington, D.C., argued for plaintiff-appellant. With him on the brief was Gerson B. Kramer, Chevy Chase, Maryland. Of counsel was Stefanie L. Schwartz.

John Warshawsky, Attorney, Department of Justice, Washington, D.C., argued for defendant-appellee. Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Joan M. Bernott, Special Litigation Counsel, Department of Justice, Washington, D.C., were on the brief for defendant-appellee.

Before LOURIE, CLEVENGER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

This is an action under the Contract Disputes Act of 1978, 41 U.S.C.A. §§ 601-13 (1994) ("CDA"). Charles W. Daff, Trustee in Bankruptcy for Triad Microsystems, Inc. ("Triad"), appeals the August 15, 1994 decision of the United States Court of Federal Claims in Daff v. United States, 31 Fed.Cl. 682 (1994).1 In that decision, following a trial, the court sustained the termination for default of Triad...

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