UNION BOILER WORKS, INC. v. CALDERA

No. 98-1119.

156 F.3d 1374 (1998)

UNION BOILER WORKS, INC., Appellant, v. Louis CALDERA, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

October 9, 1998.


Attorney(s) appearing for the Case

William John Platzer, of Washington, DC, argued for appellant.

Robert Steinbuch, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kirk T. Mandardt, Assistant Director.

Before RICH, NEWMAN, and LOURIE, Circuit Judges.


LOURIE, Circuit Judge.

Union Boiler Works, Inc. ("UBW") appeals from the final decision of the Armed Services Board of Contract Appeals denying its claim for an equitable adjustment for the costs associated with the Army's use of its temporary boiler. See In re Union Boiler Works, Inc., ASBCA No. 49131, 96-2 BCA ¶ 28,331 (May 6, 1996) ("UBW II"), In re Union Boiler Works, Inc., ASBCA No. 49131, 97-2 BCA ¶ 29,178 (Aug. 6, 1997) ("UBW...

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