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WEST v. ALL STATE BOILER, INC.

Nos. 96-1093, 96-1094.

146 F.3d 1368 (1998)

Togo D. WEST, Jr., Secretary of Veterans Affairs, Appellant, v. ALL STATE BOILER, INC., Appellee. ALL STATE BOILER, INC., Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Appellee.

United States Court of Appeals, Federal Circuit.

June 25, 1998.

Attorney(s) appearing for the Case

John K. Lapiana, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for Togo D. West, Jr., Secretary of Veterans Affairs. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director.

Timothy T. Corey, Pepe & Hazard, LLP, of Hartford, Connecticut, argued for All State Boiler, Inc. With him on the brief was Richard F. Wareing.

Before MAYER, Chief Judge, MICHEL, and SCHALL, Circuit Judges.

MICHEL, Circuit Judge.

This appeal and cross-appeal require us to re-examine and clarify the legal test a contractor must satisfy to recover unabsorbed overhead expenses that result from a government-caused suspension in contract performance. The government appeals the final decision by the Veterans Affairs Board of Contract Appeals (the "Board") in All State Boiler, Inc., VABCA No. 4537 (July 6, 1995), arguing that the Board misconstrued the legal test by...

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