VHC INC. v. PETERS

No. 98-1327.

179 F.3d 1363 (1999)

VHC INC. (formerly known as Varo Inc.), Appellant, v. F. Whitten PETERS, Acting Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

June 10, 1999.


Attorney(s) appearing for the Case

Daniel Joseph Riley, Baker & Botts, L.L.P., Washington, D.C., argued, for appellant. With him on the brief was O. Kevin Vincent. Of counsel were Paul W. Searles, Jr., Dallas, Texas, and John B. McDaniel, Washington, D.C.

Wanda Rubianes-Collazo, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for appellee. With her on the brief were David M. Cohen, Director, and Mark A. Melnick, Assistant Director. Of counsel on the brief was Nancy Sumption, Attorney, AFLSA/JACN, Arlington, Virginia.

Before RICH, CLEVENGER, and RADER, Circuit Judges.


RADER, Circuit Judge.

The Air Force awarded a contract to VHC Inc.2 for development and supply of power sources for the airborne AIM-9 missile launcher. When the Air Force terminated a portion of the contract for convenience, VHC requested an equitable adjustment for unamortized labor learning costs on the unterminated portion of the contract. The Air Force denied the request. On appeal, the Armed Services Board of Contract Appeals (the...

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