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ITT FEDERAL SERVICES CORP. v. WIDNALL

No. 97-1258.

132 F.3d 1448 (1997)

ITT FEDERAL SERVICES CORPORATION, Appellant, v. Sheila WIDNALL, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

December 31, 1997.

Attorney(s) appearing for the Case

Thomas G. Jeter, McKenna & Cuneo, L.L.P., Denver, CO, for appellant. With him on the brief was Mark J. Meagher.

Ronald G. Morgan, Attorney, U.S. Department of Justice, of Washington, DC, for appellee. Of counsel were David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director. Also of counsel was Captain Jennifer J. Snider, Attorney, U.S. Air Force, Arlington, VA.

Before NEWMAN, PLAGER, and SCHALL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Following the expiration of a firm, fixed-price contract between ITT Federal Services Corporation and the United States Air Force, ITT seeks to recover the cost of severance payments to six employees who could not be placed with ITT or the successor contractor. The Armed Services Board of Contract Appeals held, on summary judgment, that these costs are not reimbursable on either of ITT's theories of recovery. Thus the Board held that...

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