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BURNSIDE-OTT AVIATION TRAINING CENTER v. DALTON

No. 96-1227.

107 F.3d 854 (1997)

BURNSIDE-OTT AVIATION TRAINING CENTER, Appellant, v. John H. DALTON, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 20, 1997.

Attorney(s) appearing for the Case

Harvey G. Sherzer, Howrey & Simon, Washington, DC, argued for appellant. With him on the brief were Scott Arnold and Richard B. Clifford, Jr.

Tarek Sawi, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for appellee. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Kirk T. Manhardt, Assistant Director, and Lydia K. Griggsby, Attorney. Of counsel on the brief was Robert C. Ashpole, Trial Attorney, Department of the Navy, Arlington, Virginia.

Before RICH, CLEVENGER, and RADER, Circuit Judges.

CLEVENGER, Circuit Judge.

Burnside-Ott Aviation Training Center (Burnside-Ott) appeals from the decision of the Armed Services Board of Contract Appeals (Board), Burnside-Ott Aviation Training Center, ASBCA No. 43184, 96-1 BCA ¶ 28,102, 1995 WL 757005 (Dec. 14, 1995). The Board denied Burnside-Ott's claim seeking recovery of contract award fees that Burnside-Ott alleges were improperly withheld by the Navy. Because...

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