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RUMSFELD v. APPLIED COMPANIES, INC.

No. 01-1630.

318 F.3d 1317 (2002)

Donald H. RUMSFELD, Secretary of Defense, Appellant, v. APPLIED COMPANIES, INC., Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: December 10, 2002.

Attorney(s) appearing for the Case

David B. Stinson, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellant. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Deborah A. Bynum, Assistant Director. Of counsel on the brief was Donald Tracy, Trial Attorney, Defense Supply Center, Richmond, Defense Logistics Agency, of Richmond, VA.

Peter B. Jones, Jones & Donovan, of Newport Beach, CA, argued for appellee.

Before SCHALL, DYK, and PROST, Circuit Judges.

SCHALL, Circuit Judge.

This suit arises from a requirements contract between the Defense Logistics Agency ("DLA"), a component of the Department of Defense, and Applied Companies, Inc. ("Applied"). Under the contract, among other things, DLA was to purchase from Applied all of its requirements for two types of refrigerant storage cylinders during the period from June of 1994 through June of 1995, with an option year. In its request for proposals ("RFP"), DLA estimated...

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