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PACRIM PIZZA CO. v. PIRIE

No. 00-1534.

304 F.3d 1291 (2002)

PACRIM PIZZA COMPANY, Appellant, v. Robert PIRIE, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

September 23, 2002.

Attorney(s) appearing for the Case

Robert M. Cambridge, of Arlington, Virginia, argued for appellant.

John N. Kane, Jr. Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. On the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; Todd M. Hughes, and Paul D. Hoburg, Trial Attorney. Of counsel was Virginia G. Farrier, Attorney. Of counsel on the brief was Julius Rothlein, Attorney, Office of Counsel for the Commandant, U.S. Marine Corps., of Washington, DC.

Before MAYER, Chief Judge, NEWMAN and BRYSON, Circuit Judges.

MAYER, Chief Judge.

Pacrim Pizza Company appeals the decision of the Armed Services Board of Contract Appeals sustaining the contracting officer's default termination of its contract for noncompliance with the accounting and discrimination provisions. Pacrim Pizza Co., 2000 WL 655951, ASBCA No. 51608, 00-2 BCA ¶ 30,928 (May 16, 2000). Because the nonappropriated funds doctrine bars our jurisdiction, we dismiss.

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