DANZIG v. AEC CORP.

No. 99-1343.

224 F.3d 1333 (2000)

Richard J. DANZIG, Secretary of the Navy, Appellant, v. AEC CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

September 25, 2000


Attorney(s) appearing for the Case

Thomas A. Coulter, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellant. With him on the brief were David W. Ogden, Acting Assistant Attorney General; and David M. Cohen, Director. Of counsel on the brief was Ellen M. Evans, Trial Attorney, Office of the General Counsel, Department of the Navy, Naval Facilities, Engineering Command, Washington, DC.

Vivian Katsantonis, Watt, Tieder, Hoffar & Fitzgerald, L.L.P., of McLean, Virginia, argued for appellee. With her on the brief was Robert G. Watt.

Before MICHEL, BRYSON, and GAJARSA, Circuit Judges.


BRYSON, Circuit Judge.

The dispute in this case arose when the government terminated its contract with AEC Corporation for default. The Armed Services Board of Contract Appeals ruled that the default termination was improper, and the government has appealed from that ruling. We reverse and remand for further proceedings.

I

In May 1989, the Navy awarded AEC a contract to complete the construction of a Naval and Marine Corps Reserve Training Center...

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