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JOHNSON MANAGEMENT GROUP CFC, INC. v. MARTINEZ

No. 01-1145.

308 F.3d 1245 (2002)

JOHNSON MANAGEMENT GROUP CFC, INC., Appellant, v. Mel. R. MARTINEZ, Secretary of Housing and Urban Development, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: October 17, 2002.

Attorney(s) appearing for the Case

C. William Michaels, of Baltimore, MD, argued for appellant.

Brent M. McBurney, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Donald E. Kinner, Assistant Director. Of counsel on the brief was Jud E. McNatt, Attorney, Housing and Urban Development Georgia State Office, Office of Counsel, of Atlanta, GA.

Before NEWMAN, RADER, and SCHALL, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCHALL. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge PAULINE NEWMAN.

SCHALL, Circuit Judge.

This case involves a dispute between Johnson Management Group CFC, Inc. ("JMG") and the Department of Housing and Urban Development ("HUD"). The dispute arises out of a Real Estate Asset Management ("REAM") contract under which JMG agreed to provide management and related services for single family...

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