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DALTON v. SOUTHWEST MARINE, INC.

No. 97-1240.

120 F.3d 1249 (1997)

John H. DALTON, Secretary of the Navy, Appellant, v. SOUTHWEST MARINE, INC., Appellee.

United States Court of Appeals, Federal Circuit.

August 8, 1997.

Attorney(s) appearing for the Case

Anne M. Richard, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, for appellant. Of counsel were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Genevieve Holm, Attorney.

Peter B. Jones, Jones & Donovan, Irvine, CA, for appellee.

Before MAYER, CLEVENGER, and RADER, Circuit Judges.

RADER, Circuit Judge.

ON MOTION

ORDER

The Secretary of the Navy moves to transfer this case, involving an appeal of the decision of the Armed Services Board of Contract Appeals (ASBCA), ASBCA No. 47,621, 96-2 BCA ¶ 28,601, to the United States District Court for the Southern District of California. Southwest Marine, Inc. opposes and moves to dismiss the secretary's appeal. The secretary opposes the motion to dismiss.

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