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FREIGHTLINER CORP. v. CALDERA

No. 99-1217.

225 F.3d 1361 (2000)

FREIGHTLINER CORPORATION, Appellant, v. Louis CALDERA, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

September 6, 2000.

Attorney(s) appearing for the Case

Thomas L. McGovern, III, Hogan & Hartson, L.L.P., of Washington, DC, argued for appellant. With him on the brief were William A. Bradford, and Joy E. Sturm.

James C. Caine, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With him on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Jr., Assistant Director. Of counsel was Scott Lind, Lt. Col., Department of the Army-JALS-CA, of Arlington, Virginia.

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

GAJARSA, Circuit Judge.

On appeal, Freightliner Corporation ("Freightliner") seeks an equitable adjustment of $15,598,353, arguing that the United States Army Tank-Automobile Command's ("TACOM's" or "Government's") option exercise in the last year of a five-year multiyear contract was ineffective. The Armed Services Board of Contract Appeals ("the Board") denied Freightliner's claim. We affirm.

I. BACKGROUND

On October 31, 1984, TACOM awarded Freightliner...

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