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DCX, INC. v. PERRY

No. 94-1385.

79 F.3d 132 (1996)

DCX, INC., Appellant, v. William J. PERRY, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined May 16, 1996.

Attorney(s) appearing for the Case

Robert E. Cohen, Arlington, Virginia, argued, for appellant. With him on the brief was Steven R. Perles, P.C., Washington, DC.

Frances M. Toole, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and John W. Showalter, Assistant Director.

Before MAYER, MICHEL, and BRYSON, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined May 16, 1996.

BRYSON, Circuit Judge.

DCX, Inc., appeals a decision of the Armed Services Board of Contract Appeals upholding the government's termination of a contract for default. We affirm.

I

On April 1, 1988, the Defense Logistics Agency awarded a contract to DCX for light sets to be used in medical tents. The contract required DCX to perform a series of tests on the first light...

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