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TITAN CORP. v. WEST

No. 97-1299.

129 F.3d 1479 (1997)

TITAN CORPORATION, Appellant, v. Togo D. WEST, Jr., Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

November 24, 1997.

Attorney(s) appearing for the Case

William L. Bruckner, Bruckner & Walker, San Diego, California, for appellant.

Reginald T. Blades, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, for appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director. Of counsel on the brief was Lewis H. Burke, Trial Attorney, Office of Counsel, Corps of Engineers, Department of the Army, of Vicksburg, Mississippi.

Before RICH, NEWMAN, and SCHALL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Titan Corporation appeals the decision of the Armed Services Board of Contract Appeals,1 denying its claim for reimbursement of certain costs incurred in performance of a contract with the Department of the Army. The Board denied the claim, based on failure of the subcontractor to comply with the Limitation of Costs provision. We affirm the Board's decision.

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