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P.R. BURKE CORP. v. U.S.

No. 01-5001.

277 F.3d 1346 (2002)

P.R. BURKE CORP., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 23, 2002.

Attorney(s) appearing for the Case

Sean Brew, The Corona Firm, LLP, of San Diego, California, argued for plaintiff-appellant. With him on the brief was Richard D. Corona.

Gerald M. Alexander, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director.

Before MICHEL, CLEVENGER, and GAJARSA, Circuit Judges.

MICHEL, Circuit Judge.

Plaintiff-Appellant P.R. Burke Corp. ("Burke") appeals from a decision granting the government partial summary judgment and holding the government not liable for any delay damages arising from Burke's contract to repair and improve a sewage treatment plant. See P.R. Burke v. United States, 47 Fed. Cl. 340 (2000). As more fully discussed below, the United States Court of Federal Claims rejected...

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