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TOTAL MEDICAL MANAGEMENT, INC. v. U.S.

No. 96-5013.

104 F.3d 1314 (1997)

TOTAL MEDICAL MANAGEMENT, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined March 27, 1997.

Attorney(s) appearing for the Case

John Clifton Rand, Alexandria, VA, argued for plaintiff-appellee.

Sharon Y. Eubanks, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued for defendant-appellant. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Richard E. Rice, Assistant Director, Dean L. Grayson and Mary L. Smith, Attorneys. Of counsel was R. Alan Miller.

Before ARCHER, Chief Judge, MICHEL and RADER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined March 27, 1997.

MICHEL, Circuit Judge.

The United States ("government") appeals from the November 2, 1994 order of the United States Court of Federal Claims, No. 92-838C, granting summary judgment of contractual liability against the government in favor of Total Medical Management, Inc. ("TMM"). The order became final when, on August 31, 1995, the trial court entered judgment in TMM's favor in the...

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