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WHITE v. DELTA CONSTRUCTION INTERNATIONAL INC.

No. 01-1253.

285 F.3d 1040 (2002)

Thomas E. WHITE, Secretary of the Army, Appellant, v. DELTA CONSTRUCTION INTERNATIONAL, INC., Appellee.

United States Court of Appeals, Federal Circuit.

March 12, 2002.

Attorney(s) appearing for the Case

William F. Ryan, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellant. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief were LTC Richard B. O'Keefe, Jr. and Craig S. Clarke, U.S. Army Contract Appeals Division, of Arlington, VA.

Terrence M. O'Connor, of Alexandria, VA, argued for appellee.

Before BRYSON, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

In this appeal the government challenges the theory upon which the Armed Services Board of Contract Appeals ("Board") determined the damages resulting from the government's breach of a contractual provision obligating the government to provide a contractor with work of a specified minimum dollar amount. The Board awarded the contractor the difference between the dollar amount of work the government actually ordered and the total minimum...

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