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D.L. BRAUGHLER CO., INC. v. WEST

No. 96-1277.

127 F.3d 1476 (1997)

D.L. BRAUGHLER COMPANY, INC., Appellant, v. Togo D. WEST, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

October 27, 1997.

Attorney(s) appearing for the Case

Adrian L. Bastianelli, III, Bastianelli, Brown, Touhey & Kelley, Chtd., Washington, DC, argued, for appellant. With him on brief was Lori Ann Lange.

Steven E. Gordon, Trial 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 Sharon Y. Eubanks, Deputy Director.

Before NEWMAN, CLEVENGER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

D.L. Braughler Company, Inc. ("Braughler") appeals from the November 28, 1995 decision of the Corps of Engineers Board of Contract Appeals ("Board") dismissing as untimely Braughler's appeal of a contracting officer's final decision. D.L. Braughler Co., ENGBCA No. 6121, 96-1 BCA 28,110 (1995). We affirm.

BACKGROUND

On April 16, 1982, Braughler and the United States Army Corps of Engineers ("Corps") entered into a contract...

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