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RANDA/MADISON JOINT VENTURE v. DAHLBERG

No. 00-1129.

239 F.3d 1264 (2001)

RANDA/MADISON JOINT VENTURE III, Appellant, v. Gregory Robert DAHLBERG, Acting Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

February 7, 2001.

Attorney(s) appearing for the Case

Brian P. Waagner, Wickwire Gavin, P.C., of Vienna, Virginia, argued for appellant. With him on the brief was Elizabeth D. Evans.

Timothy McIlmail, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With him on the brief were David M. Cohen, Director; Todd M. Hughes, Assistant Director; and William L. Olsen, Trial Attorney.

Before LOURIE, LINN, and DYK, Circuit Judges.

LINN, Circuit Judge.

Randa/Madison Joint Venture III ("Randa") seeks review of a final decision of the Armed Services Board of Contract Appeals denying Randa's appeal from a deemed denial of its claim by the United States Army Corps of Engineers (the "Corps"). Randa's claim is that it encountered excessive groundwater in the performance of its contract with the government, constituting both a Type 1 and a Type 2 differing site condition, as defined by the contract...

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