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KINETIC BUILDER'S INC. v. PETERS

No. 00-1065.

226 F.3d 1307 (2000)

KINETIC BUILDER'S INC., Appellant, v. F. Whitten PETERS, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

September 25, 2000

Attorney(s) appearing for the Case

Richard B. Campbell, Carlton, Fields, Ward, Emmanuel, Smith, & Cutler, P.A., of Tampa, Florida, for appellant.

Kevin W. McArdle, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for appellee. With him on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Kirk T. Manhardt, Assistant Director.

Before RADER, SCHALL, and LINN, Circuit Judges.

LINN, Circuit Judge.

Kinetic Builder's Inc. ("Kinetic") appeals from the consolidated reconsideration decision of the Armed Services Board of Contract Appeals ("Board" or "ASBCA"). See Kinetic Builders, Inc., Nos. 51012 and 51611, 99-2 B.C.A. (CCH) ¶ 30,450, 1999 WL 476692 (ASBCA July 6, 1999). In that decision the Board denied Kinetic's claim for extended job site overhead costs for the delay in contract completion that was caused by the Department of...

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