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LOCKHEED MARTIN IR IMAGING SYSTEMS, INC. v. WEST

No. 96-1087.

108 F.3d 319 (1997)

LOCKHEED MARTIN IR IMAGING SYSTEMS, INC., Appellant, v. Togo D. WEST, Jr., Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

March 4, 1997.

Attorney(s) appearing for the Case

Leonard Paris, Lexington, MA, argued, for appellant. On the brief was Alvin A. Simon, Yonkers, NY.

John K. Lapiana, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director.

Before RICH, NEWMAN, and MAYER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Lockheed Martin IR Imaging Systems, Inc. appeals from the final decision of the Armed Services Board of Contract Appeals, Loral Infrared & Imaging Systems, Inc. v. West, ASBCA No. 45744, 95-2 BCA ¶ 27,803, holding that Loral1 is not entitled to recover certain increased costs incurred in its contract to provide certain products to the Army. We conclude that the Army constructively changed...

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