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LOCKHEED MARTIN CORP. v. WALKER

No. 97-1469.

149 F.3d 1377 (1998)

LOCKHEED MARTIN CORPORATION, Appellant, v. Robert M. WALKER, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

July 23, 1998.

Attorney(s) appearing for the Case

Roy A. Klein, Melville, New York, argued for appellant.

William P. Donovan, Jr., Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, 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 MICHEL, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

MICHEL, Circuit Judge.

Lockheed Martin Corporation ("Lockheed") appeals the decision of the Armed Services Board of Contract Appeals (the "Board") dated March 28, 1997. Loral Fairchild Corp., No. 45719, 1997 WL 157324 (ASBCA Mar. 28, 1997). The Board sustained-in-part and denied-in-part Lockheed's appeal of the contracting officer's (the "CO's") final decision rejecting Lockheed's claim for $4,391,809 in equitable adjustments under its fixed price contract...

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