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ADVANCED MATERIALS, INC. v. PERRY

No. 96-1028.

108 F.3d 307 (1997)

ADVANCED MATERIALS, INC., Appellant, v. William J. PERRY, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

February 24, 1997.

Attorney(s) appearing for the Case

Manfred Sternberg, Jr., Houston, TX, for appellant. With him on the brief was Leon Rudloff, Metairie, LA.

Laureen D. Kapin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., for appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Richard E. Rice, Assistant Director. Of counsel on the brief was Phillip Hunter, Attorney Advisor, Office of Chief Counsel, U.S. Army, Chemical and Biological Defense Command, Aberdeen Proving Ground, MD.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

A cost plus fixed fee government procurement contract specified the maximum amount the government would pay and provided a procedure whereby a contractor could exceed the cost limitation. The Armed Services Board of Contract Appeals held that the appellant's failure to comply with that procedure barred it from obtaining amounts in excess of the specified maximum that it incurred in performing the contract. We affirm.

I.

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