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SOUTHWEST MARINE INC. v. DANZIG

No. 98-56724

217 F.3d 1128 (2000)

SOUTHWEST MARINE INCORPORATED, Appellant, v. Richard DANZIG, Secretary of the Navy, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2000

Attorney(s) appearing for the Case

Peter B. Jones, Jones & Donovan, Newport Beach, California; Ross Pyle, Kathleen Wood Wagner, Pyle, Sims, Duncan & Stevenson, San Diego, California, for appellant Southwest Marine Incorporated.

Genevieve Holm, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for appellees Richard Danzig, Secretary of the Navy.

Before: FERNANDEZ, and WARDLAW, Circuit Judges, and WEINER, Senior District Judge.

WEINER, Senior District Judge:

I.

The Secretary of the Navy brought this action seeking a refund of approximately $2 million allegedly overpaid to Southwest Marine Incorporated's predecessor in interest, Northwest Marine Iron Works (NMIW), for overhaul work completed on the U.S.S. Duluth in 1986. The action was heard initially by the Armed Services Board of Contract Appeals (ASBCA), which entered judgment for Southwest. The Navy filed an appeal with the...

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