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ROCKWELL INTERN. CORP. v. WIDNALL

No. 96-1265.

109 F.3d 1579 (1997)

ROCKWELL INTERNATIONAL CORPORATION, Appellant, v. Sheila E. WIDNALL, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

April 1, 1997.

Attorney(s) appearing for the Case

Jay R. Henneberry, Chadbourne & Parke LLP, Los Angeles, California, argued for appellant.

John C. Erickson III, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued for appellee. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, James M. Kinsella, Assistant Director, and Rhonda K. Schnare, Attorney.

Gregory A. Smith, Piper & Marbury, L.L.P., Washington, D.C., for amicus curiae Ingalls Shipbuilding, Inc. Of counsel on the brief was William J. Powers, Jr., Ingalls Shipbuilding, Inc., Pascagoula, Mississippi.

Before RICH and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

This government contract case raises the question whether certain taxes incurred by appellant Rockwell International Corporation in 1988, 1989, and 1990 were allowable as costs of performance under the terms of a contract between Rockwell and the Air Force. The Armed Services Board of Contract Appeals, by a divided vote, concluded that the taxes were not allowable as costs. We agree with the Board...

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