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AMERICAN TEL. & TEL. CO. v. U.S.

Nos. 95-5153, 95-5154.

124 F.3d 1471 (1997)

AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Plaintiff-Appellant, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

September 24, 1997.

Attorney(s) appearing for the Case

C. Stanley Dees, McKenna & Cuneo, L.L.P., Washington, DC, argued for Plaintiff-Appellant. With him on the brief was J. Keith Burt.

Bryant G. Snee, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for Defendant/Cross-Appellant. With him on the brief was Frank W. Hunger, Assistant Attorney General. Of counsel on the brief were Robert D. Hogue and James H. Haag, Office of General Counsel, Department of the Navy, Arlington, VA.

Caryl A. Potter, III, Sonnenschein Nath & Rosenthal, Washington, DC, for Amici Curiae. With him on the brief was Roger K. Heidenreich, St. Louis, MO.

Before NEWMAN, PLAGER and RADER, Circuit Judges.

Opinion for the court filed by Circuit Judge PLAGER. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

PLAGER, Circuit Judge.

Congress prohibited the expenditure by the Department of Defense ("DOD") of federal funds for certain types of research and development contracts. This case is about the consequences, legal and financial, to a contractor and to the Government when they perform a purported contract made in apparent violation of the Congressional...

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