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DECKER & CO. v. WEST

No. 94-1409.

76 F.3d 1573 (1996)

DECKER & CO., Appellant, v. Togo D. WEST, Jr. Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

February 21, 1996.

Attorney(s) appearing for the Case

John R. Keys, Jr., Winston & Strawn, of Washington, DC, argued for appellant. Of counsel was Robert A. Berger.

Luis M. Matos, Attorney, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Jeanne E. Davidson, Assistant Director. Also on the brief was Major Robert B. Lloyd, Jr., U.S. Department of the Army, of counsel.

Before PLAGER, RADER, and SCHALL, Circuit Judges.

PLAGER, Circuit Judge.

This is one of those messy government contract dispute cases in which, during the performance of the contract, neither of the parties acquitted themselves with pure grace. Working through the detailed record of such a case causes one to understand better the ancient curse of a plague o' both their houses. See William Shakespeare, Romeo and Juliet, act 3, sc. 1.1 Nevertheless, since the parties could...

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