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MOTOROLA, INC. v. WEST

No. 97-1098.

125 F.3d 1470 (1997)

MOTOROLA, INC., Appellant, v. Togo D. WEST, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 16, 1997.

Attorney(s) appearing for the Case

Peter B. Jones, Jones & Donovan, Irvine, CA, argued, for appellant.

Harold D. Lester, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for appellee. With him on brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kathryn A. Bleeker, Assistant Director. Of counsel was Captain Philip McCaffrey, Department of the Army, Arlington, VA.

Before MAYER, RADER, and BRYSON, Circuit Judges.

RADER, Circuit Judge.

Aydin Corporation, proceeding through Motorola, Inc., the prime contractor, appeals a decision of the Armed Services Board of Contract Appeals (Board) partially denying Aydin Corporation's appeal from a contracting officer's final decision. Because no statute of limitations bars the Government's claim and Aydin Corporation did not meet its submission requirements under the Truth in Negotiations Act (TINA), this court affirms.

I.

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