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TRIAX PACIFIC, INC. v. WEST

No. 97-1067.

130 F.3d 1469 (1997)

TRIAX PACIFIC, INC., Appellant, v. Togo D. WEST, Jr., Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied January 30, 1998.

Attorney(s) appearing for the Case

Timothy Miguel Willardson, Nelson, Snuffer & Dahle, P.C., Sandy, UT, argued, for appellant.

Franklin E. White, Jr., Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, 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, CLEVENGER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Triax Pacific, Inc., appeals a decision of the Armed Services Board of Contract Appeals denying its request for an equitable adjustment of a contract to renovate military housing. Because the contract contained ambiguities on its face sufficient to place a reasonable contractor on notice, we apply the "patent ambiguity" doctrine and uphold the decision of the Board of Contract Appeals.

I

In 1990, the Army issued a bid solicitation...

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