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CALDERA v. NORTHROP WORLDWIDE AIRCRAFT SERVICES

No. 98-1500.

192 F.3d 962 (1999)

Louis CALDERA, Secretary of the Army, Appellant, v. NORTHROP WORLDWIDE AIRCRAFT SERVICES, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Denied December 13, 1999.

Attorney(s) appearing for the Case

Domenique Kirchner, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for appellant. With her on the brief were David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, James M. Kinsella and Joseph A. Kijewski, Assistant Directors. Of counsel on the brief was Craig S. Clarke, Deputy Chief, Trial Attorney, Contract Appeals Division, U.S. Army Legal Services Agency, Arlington, Virginia.

Donald J. Kinlin, Thompson, Hine & Flory, LLP, Dayton, Ohio, argued for appellee. Of counsel on the brief was Rebecca B. Anaya.

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

Rehearing Denied; Suggestion for Rehearing En Banc Denied December 13, 1999.

GAJARSA, Circuit Judge.

DECISION

The Secretary of the Army ("Army") appeals from the final decision of the Armed Services Board of Contract Appeals ("Board"). See In re Northrop Worldwide Aircraft Servs., Inc., ASBCA No. 45216, ASBCA No. 45877, 98-1 BCA ¶ 29,654, 1998 WL 151793 (Mar. 26, 1998). The Board reversed the contracting officer's final decision denying...

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