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AT&T COMMUNICATIONS, INC. v. PERRY

No. 01-1619.

296 F.3d 1307 (2002)

AT&T COMMUNICATIONS, INC., Appellant, v. Stephen A. PERRY, Administrator, General Services Administration, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: July 12, 2002.

Attorney(s) appearing for the Case

Robert J. Higgins, Dickstein Shapiro Morin & Oshinsky LLP, of Washington, DC, argued for appellant. With him on the brief were James vanR. Springer, Peter W. Morgan, Richard J. Conway, and J. Andrew Jackson. Of counsel was Tina D. Reynolds.

Kyle Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief was Michael D. Tully, Assistant General Counsel, General Services Administration, of Washington, DC.

Before RADER, BRYSON, and PROST, Circuit Judges.

PROST, Circuit Judge.

AT&T Communications, Inc. ("AT&T") appeals from the decision of the General Services Administration Board of Contract Appeals (the "Board") denying AT&T's claim for restitution based on the government's alleged breach and repudiation of contract or the government's unjust enrichment. AT&T Communications, Inc., GSBCA No. 14732 (May 18, 2001). We have jurisdiction under 41 U.S.C. § 607(g)(1)(A). Because we agree with...

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