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PROGRAM & CONST. MANAGEMENT GROUP v. DAVIS

No. 00-1312.

246 F.3d 1363 (2001)

PROGRAM AND CONSTRUCTION MANAGEMENT GROUP, INC., Appellant, v. Thurman M. DAVIS, Sr., Acting Administrator, General Services Administration, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED April 19, 2001.

Attorney(s) appearing for the Case

Leonard A. White, of Bethesda, Maryland, argued for appellant. With him on the brief was Elizabeth D. Horton.

Franklin E. White, Jr., Trail 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; and Donald E. Kinner, Assistant Director. Of counsel was Ruth Kowarski, Attorney, General Services Administration, of Washington, DC.

Before PAULINE NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The principal question is whether the General Services Administration Board of Contract Appeals (Board) correctly interpreted a contract to upgrade the heating, ventilation and air conditioning of the cafeteria and kitchen in a government building as contemplating that the cafeteria would remain open during the performance of the contract. We affirm that ruling and also the Board's rejection of the other grounds on which the contractor...

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