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INGALLS SHIPBUILDING, INC. v. DALTON

No. 96-1413.

119 F.3d 972 (1997)

INGALLS SHIPBUILDING, INC., Appellant, v. John H. DALTON, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

July 21, 1997.

Attorney(s) appearing for the Case

George M. Simmerman, Jr., Assistant General Counsel, Ingalls Shipbuilding, Inc., Pascagoula, MS, argued, for appellant. With him on the brief was William J. Powers, Jr., Vice President and General Counsel.

Phyllis Jo Baunach, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Joseph A. Kijewski, Assistant Director. Of counsel on the brief was Ray Johansmeier, Office of General Counsel, United States Navy, of Pascagoula, MS.

Before MICHEL, PLAGER, and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Ingalls Shipbuilding, Inc. appeals from the final decision of the Armed Services Board of Contract Appeals granting summary judgment for the United States Navy on the ground that payments made by Ingalls under 33 U.S.C. § 914(e) (1994) were "in the nature of a fine or penalty" and thus were not chargeable to its contracts with the Navy pursuant to Federal Acquisition Regulation (FAR) § 31.205-15 or its predecessor provision. Ingalls...

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