WHITTAKER ELECTRONIC SYSTEMS v. DALTON

No. 97-1027.

124 F.3d 1443 (1997)

WHITTAKER ELECTRONIC SYSTEMS, Appellant, v. John H. DALTON, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

September 16, 1997.


Attorney(s) appearing for the Case

James J. Gallagher, McKenna & Cuneo, L.L.P., Los Angeles, CA, argued, for appellant. With him on the brief was Brian M. Regan.

Lawrence N. Minch, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, argued, for appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director.

Before MAYER, MICHEL, and LOURIE, Circuit Judges.


MICHEL, Circuit Judge.

Whittaker Electronic Systems ("WES") appeals the June 17, 1996 decision of the Armed Services Board of Contract Appeals ("Board"), ASBCA No. 40252, affirming the Contracting Officer's denial of WES's claim for an equitable adjustment for additional money and time spent in completing a contract which WES fully performed.1 The appeal was submitted for our decision following in camera oral argument on July 9, 1997....

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