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TEXTRON DEFENSE SYSTEMS v. WIDNALL

No. 96-1535.

143 F.3d 1465 (1998)

TEXTRON DEFENSE SYSTEMS, Appellant, v. Sheila E. WIDNALL, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

May 7, 1998.

Attorney(s) appearing for the Case

Paul C. Hill, Providence, RI, argued, for appellant. Of counsel on the brief was Carl G. Buzawa, General Counsel, Textron Defense Systems, Wilmington, MA.

Sharon Y. Eubanks, Deputy Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued, for appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, James M. Kinsella, Assistant Director, and William C. Lindsey, Trial Attorney. Of counsel on the brief were William F. Manley, and Jerome C. Brennan, Office of Counsel, Defense Logistics Agency, Defense Contract Management Command East District, Boston, MA.

Before NEWMAN, PLAGER, and SCHALL, Circuit Judges.

PLAGER, Circuit Judge.

This case involves a research and development contract funded by the Strategic Defense Initiative Office ("SDIO") as part of the so-called `Star Wars' anti-ballistic missile defense system. In a decision by the Armed Services Board of Contract Appeals ("the Board") dated May 2, 1996, ASBCA Nos. 47352 and 47950, the Board denied Textron's appeal for payment of additional costs and fees on a cost-plus-award-fee ("CPAF") contract. Because Textron...

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