NORTHROP GRUMMAN CORP. v. GOLDIN

No. 97-1288.

136 F.3d 1479 (1998)

NORTHROP GRUMMAN CORPORATION, successor in interest to Grumman Space Station Integration Division, Appellant, v. Daniel S. GOLDIN, Administrator, National Aeronautics and Space Administration, Appellee.

United States Court of Appeals, Federal Circuit.

February 26, 1998.


Attorney(s) appearing for the Case

Michael C. Poliner, Feith & Zell, P.C., Washington, DC, argued for appellant. With him on the brief was J. William Eshelman. Of counsel on the brief was Paul C. Burkholder, Senior Counsel, Northrop Grumman Corporation, Law Department, Los Angeles, CA.

Laureen D. Kapin, Attorney, 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, and Sharon Y. Eubanks, Deputy Director. Of counsel on the brief was David Gayle, Attorney, Office of Chief Counsel, National Aeronautics & Space Division, NASA Headquarters, Washington, DC.

Before RICH, LOURIE, and BRYSON, Circuit Judges.


LOURIE, Circuit Judge.

Northrop Grumman Corporation appeals from the decision of the Armed Services Board of Contract Appeals denying its claim under a cost-plus-award-fee contract for payment from funds allocated to a "separate award fee pool." Grumman Space Station Integration Div., 97-1 BCA ¶ 28,843, ASBCA No. 48,719, 1997 WL 103316 (1997). The Board held that since NASA terminated the contract early...

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