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SATELLITE ELEC. CO. v. DALTON

No. 96-1135.

105 F.3d 1418 (1997)

SATELLITE ELECTRIC COMPANY, Appellant, v. John H. DALTON, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

January 30, 1997.

Attorney(s) appearing for the Case

Victor G. Klingelhofer, Cohen & White, Washington, D.C., argued for appellant.

Shalom Brilliant, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued for appellee. With him on the briefs were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director.

Before ARCHER, Chief Judge, RICH, Circuit Judge, and FRIEDMAN, Senior Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The Eichleay formula is used to determine a government contractor's damages reflecting unabsorbed home office overhead when the government delays work on the contract indefinitely but requires the contractor to remain available to resume work immediately on the government's instruction. The Armed Services Board of Contract Appeals denied the contractor's claim for Eichleay damages

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